Council PKT 02-19-2008 Regular
AGENDA
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
February 19,2008- 7:00 PM
(www.cityoffederalway.com)
*****
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
. Cub Scout Pack #307
3. PRESENTATIONS
. Swearing-in Ceremony - Police Officers
. Police Department Recognition Awards
. City Manager/Emerging Issues
. State of the City Address
4. CITIZEN COMMENT
PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens
may address City Council at this time. When recognized by the Mayor, please come forward to the podium and state
your name 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.
5. 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 are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: Approval of the February 5,2008 Regular Meeting Minutes (page 1)
b. Arts Commission 2008 Work Plan (page 8)
c. Contract Amendment -McDonough and Sons - Parking Lot Cleaning (page 12)
d. Joint Construction Agreement with Qwest for the Construction of the S. 348th Street
HOV Lanes Project (page 13)
e. S348th Street HOV - Bid Award (page 31)
f. 1 Oth Avenue S. Stormwater Trunk Replacement Project - 85% Design Status Report
(page 36)
g. 26th Ave SW Stormwater Modification Project; Project Acceptance (page 38)
h. Lake Jeane/Lake Lorene Outlet Improvements Project; 100% Design Status Report and
Authorization to Bid (Page 40)
1. Application of Department of Ecology NPDES Grant (page 42)
J. Evidence Building Generator - Bid Award (page 44)
k. Historical Street Name Signs (Page 46)
6. CITY COUNCIL BUSINESS
a. Contract Amendment - Amaya Electric - Electrical Services (page 51)
b. Resolution: Federal Legislative Agenda (page 54)
c. Aggressive Begging Ordinance (page 56)
d. Ming Court Plat Condition Modification Request (page 69)
e. Teamsters Union Contract Agreement for Court Clerks (page 89)
f. Appointment of Municipal Judge (page 105)
7. CITY COUNCIL REPORTS
8. CITY MANAGER REPORT
9. EXECUTIVE SESSION
a. Potential Litigation pursuant to RCW 42.30.110(1){i)
b. Collective Bargaining pursuant to RCW 42.30. 140(4){a)
10. ADJOURNMENT
** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA **
THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND
ALSO ON THE CITY'S WEBSITE.
COUNCIL MEETING DATE: February 19,2008
ITEM #:
Sa
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should Council approve the draft minutes of the February 5,2008 City Council Meeting
COMMITTEE: Not Applicable
MEETING DATE: Not Applicable
CATEGORY:
[8J Consent
o City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
~!~~_F.:_~!~_~T B'!..:JYf!!~l!l!li~l!b~e._m_m_______._____ .._.______._._m____._____________.___'!.~.~!:!!l!!._11!f.!!~I!!!.~e..._____._____
Attachments:
Draft meeting minutes of the February 5,2008 Regular City Council Meeting
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
STAFF RECOMMENDATION: Staff recommends approving the minutes as presented.
CITY CLERK ApPROVAL:
N/A
Committee
.~
Council
DIRECTOR ApPROVAL:
N/A
N/A
Council
Committee
COMMITTEE RECOMMENDATION: Not Applicable
PROPOSED COUNCIL MOTION: "I MOVE TO APPROVE THE MINUTES AS PRESENTED".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
1
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
February 5, 2008 - 7:00 PM
MINUTES
(www.cityoffederalway.com)
*****
1. CALL MEETING TO ORDER
Mayor Dovey called the Regular Meeting to order at 7:04 PM. Councilmembers Burbidge, Duclos, Ferrell,
Kochmar, Park, and Deputy Mayor Faison present.
2. PLEDGE OF ALLEGIANCE
Mayor Dovey invited H. David Kaplan to lead the Flag Salute.
MOTION: Deputy Mayor Faison moved to amend the agenda to add to Executive Session pursuant to
RCW 42.30.110(1){g) the evaluation of qualifications of applicants for public office. Councilmember
Kochmar second. The motion carried 7-0.
3. PRESENTATIONS
Mayor Dovey rearranged the order of the Presentations as follows:
· Certificates of Appointment - Planning Commission
Councilmember Kochmar presented Certificates of Appointment to Planning Commission members Sarady
Long and Tom Medhurst.
· City ManagerlEmerging Issues:
City Manager Beets introduced Lynnette Hynden as the City's new Human Services Manager.
Manuela Ginnett, Director of Housing for the Multi-Service Center, reported on the results of the One-night
Count of the Homeless and comparisons of figures from previous years and other cities within King County.
· Hachinohe Sister City Delegation
Mayor Dovey introduced several delegates from Hachinohe, Japan and presented Mayor Makoto Kobayashi
with a plaque commemorating the 15 year anniversary of the Sister City relationship and our continued
friendship. Mayor Kobayashi, through an interpreter, thanked the City and stated that over the years the two
cities have built friendships and trust and would like to take the relationship to a higher level which will
benefit both cities.
Mayor Dovey recessed the meeting at 7 :27 PM for a brief reception honoring the Japanese delegation.
Mayor Dovey reconvened the meeting at 7:47 PM.
2
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
February 5, 2008 - 7:00 PM
MINUTES
(www.cityoffederalway.com)
*****
1. CALL MEETING TO ORDER
Mayor Dovey called the Regular Meeting to order at 7:04 PM. Councilmembers Burbidge, Duclos, Ferrell,
Kochmar, Park, and Deputy Mayor Faison present.
2. PLEDGE OF ALLEGIANCE
Mayor Dovey invited H. David Kaplan to lead the Flag Salute.
MOTION: Deputy Mayor Faison moved to amend the agenda to add to Executive Session pursuant to
RCW 42.30.11O(1)(g) the evaluation of qualifications of applicants for public office. Councilmember
Kochmar second. The motion carried 7-0.
3. PRESENTATIONS
Mayor Dovey rearranged the order of the Presentations as follows:
· Certificates of Appointment - Planning Commission
Councilmember Kochmar presented Certificates of Appointment to Planning Commission members Sarady
Long and Tom Medhurst.
· City Manager/Emerging Issues:
City Manager Beets introduced Lynnette Hynden as the City's new Human Services Manager.
Manuela Ginnett, Director of Housing for the Multi-Service Center, reported on the results of the One-night
Count of the Homeless and comparisons of figures from previous years and other cities within King County.
· Hachinohe Sister City Delegation
Mayor Dovey introduced ~everal delegates from Hachinohe, Japan and presented Mayor Makoto Kobayashi
with a plaque commemorating the 15 year anniversary of the Sister City relationship and our continued
friendship. Mayor Kobayashi, through an interpreter, thanked the City and stated that over the years the two
cities have built friendships and trust and would like to take the relationship to a higher level which will
benefit both cities.
Mayor Dovey recessed the meeting at 7:27 PM for a brief reception honoring the Japanese delegation.
Mayor Dovey reconvened the meeting at 7:47 PM.
2
City of Federal Way City Council Regular Meeting Minutes
February 5,2008- Page 2 of6
4. CITIZEN COMMENT
Pam Tavlor, Multi-Service Center - thanked the City Council for initiating the $l 0,000 Challenge Grant to
support the Federal Way Food Bank and stated that over $39,000 has been raised as a result of that
challenge. She presented the City with a plaque which depicts a drawing ofthe Multi-Service Center drawn
by an elementary student.
Frosty Hardison - asked the City Council for a sign code amendment which would increase the fines for
oversize signs.
John Sheller, Manager of Federal Wav Regional Library - reported on the results of a community meeting
held on January 31, 2008 on the expansion and design of the regional library. Topics included space needs,
collections, service plans, staff plans and a look at alternate sites to have open during the expansion. Mr.
Sheller stated he is confident that the library will be able to maintain services during the expansion/closure
of the Federal Way Regional Library.
Gayla Hardison- asked for round-a-bouts to be put in place in the area of 8th Avenue SW and Dash Point
Road to slow traffic down.
Ron Moe, Reach-out Organization - stated his organization hopes to open a shelter for the homeless shelter
in the City by fall. He invited the City Council to a meeting on February 26th and asked the city for support.
Donald Barovic - Thanked Deputy Public Works Director Marwan Salloum for his work with the DOT and
addressing his concerns regarding freezing water in the roadway which he brought up at a previous Council
Meeting. The problem is being taken-care of.
Margaret Nelson - supports the resolution on the agenda providing for continuity of services during the
closure/expansion of the Federal Way Regional Library and thanked the Council for their support.
H. David Kaplan - supports the resolution on the agenda providing for continuity of services during the
closure/expansion of the Federal Way Regional Library and thanked the Council for their support. He
cautioned the City to make sure the King County Library follows through with its plans as adopted.
Councilmember Kochmar stated the Land-use Transportation Committee (LUTe) will look into Ms.
Hardison's concerns regarding traffic in the area of 8th Avenue SW and Dash Point road.
Councilmember Burbidge stated the Parks Recreation, Human Services, Public Safety Committee
(pRHSPS) will contact Mr. Moe regarding his request for funding of a homeless shelter.
5. CONSENT AGENDA
ltems listed below have been previously reviewed by a Council Committee of three members and brought
before full Council for approval; all items are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: Approval of January II, 2008 Legislative Meeting; January 15, 2008 Special
and Regular Meetings- Approved 7-0
b. S. 308th St. Stormwater Facility Modification Project - Project Acceptance Approved
7-0
3
City of Federal Way City Council Regular Meeting Minutes
February 5,2008- Page 3 of6
Consent Agenda Continued...
c. Wildwood Neighborhood Traffic Safety - S. 298th Street- Pulled
d. Neighborhood Traffic Safety Policy Revisions) - Approved -7-0
Mayor Dovey pulled Consent Item c.
MOTION: Deputy Mayor Faison moved approval of consent items a, band d. Councilmember Burbidge
second. The motion carried 7-0.
Consent Item c - Wildwood Neighborhood Traffic Safety - S. 298th Street: Mayor Dovey spoke to the issue
stating that approving this item will offer neighborhood traffic safety to the area and thanked the Public
Works Department for their efforts.
MOTION: Mayor Dovey moved approval of Consent Item c - Wildwood Neighborhood Traffic Safety - S.
298th Street. Deputy Mayor Faison second. The motion carried 7-0.
6. CITY COUNCIL BUSINESS
a. Resolution: Continuity of Library Services during Expansion Project
City Manager Neal Beets gave the Council a brief overview of the proposed resolution stating it urges King
County to provide for continuity of services during the expansion/closure.
MOTION: Deputy Mayor Faison moved approval of the Resolution providing for Continuity of Library
Services during the expansion project. Councilmember Kochmar second. The motion carried 7-0.
7. INTRODUCTION ORDINANCE
a. Proposed Amendment to Aggressive Begging Ordinance
· Staff Presentation
Deputy City Attorney Aaron Walls gave a brief presentation on the proposed amendment. He stated the City
cannot ban panhandling outright but that does not give panhandlers the right to beg in a manner that is
intimidating to citizens. He stated this amendment strengthens the ordinance in place by preventing
panhandling in certain places; ATM's, Buses/Bus Stops; on private property and from sidewalks to a
vehicle.
Mr. Walls also stated that if amended there will be a period of notification. The goal is to achieve
compliance before enforcing it.
Councilmember Duclos asked the difference of panhandling from sidewalks to vehicles and advertising for
car washes or political signs. Mr. Walls stated these actions do not involve begging or taking donations
while the vehicle is in traffic or stopped at an intersection.
4
City of Federal Way City Council Regular Meeting Minutes
February 5, 2008- Page 4 of 6
Councilmember Ferrell asked if a violation of the proposed amendment would be a misdemeanor and asked
what the maximum penalties would be. Mr. Walls stated the maximum would be 90 days in jail and a
$1,000 fine.
Councilmember Ferrell stated he believes the amendment is an important one but it goes a step too far in
criminalizing panhandling on the side of the road. He believes it will not be enforced. Councilmember
Ferrell suggested this item be sent back to committee to review sections 6-188(2)(b) and 6-188(2)(g)(vi)
because they will be impossible to enforce or prosecute.
MOTION: Councilmember Ferrell moved to send the proposed amendment back to the LUTC committee
to rework the sections 6-188(2)(b) and 6-188(2)(g)(vi). No second.
Councilmember Burbidge stated this is a sensitive issue and asked staff to provide more information
including what other cities have in their ordinances on the same issue. Mr. Walls stated Federal Way's
proposed amendments are more conservative than the City of Tacoma's but are similar to other city
ordinances.
Deputy Mayor Faison believes the penalty should be a civil infraction not criminal.
Mayor Dovey stated that when this issue was discussed in the ParksIRecreation/Human Services/Public
Safety (pRHSPS) Committee, the section regarding panhandling in or at intersections was though of as a
public safety issue as it impedes traffic; it was not added to the ordinance as taking away the right to
panhandle.
Councilmember Park stated he believes there is a difference between panhandlers and homeless people and
that the panhandlers out there are not necessarily homeless; he believes they migrate to where they are
allowed and where they think they get money.
· Ordinance Title:
City Clerk Laura Hathaway read the ordinance title into the record: An Ordinance of the City Council ofthe
City of Federal Way, Washington, addressing aggressive, intimidating, obstructive and fraudulent
panhandling and amending Chapter 6, Criminal Code, Article vrn, Crimes Relating to Persons.
MOTION: Councilmember Burbidge proposed staff amend the language to address the concerns raised in
section 6-188(2)(b): false or misleading information; whether the penalty should be an infraction or
misdemeanor; and in section 6-188(2)(g)(iv): impeding pedestrian or vehicular traffic. She further clarified
the proposed amendment will be moved to a second reading/enactment on the February 19, 2008 Council
Agenda and directed staff to prepare alternative language on the issues raised. Councilmember Ferrell
second. The motion passed 6-1; Mayor Dovey dissenting.
8. CITY COUNCIL REPORTS
Councilmember Duclos reported that she participated in the One Night Count of the Homeless, which was a
very cold night, and within the first 10 minutes her group came across nine people. She reported that she
has been on the Committee to End Homelessness since its formation six years ago
Councilmember Burbidge reviewed the upcoming agenda for the next PRHSPS Committee meeting which
will take place on February 12, 2008 at 6:00 PM. She also reminded the public of the free tax preparation
5
City of Federal Way City Council Regular Meeting Minutes
February 5, 2008- Page 5 of 6
services for individuals at the Multi-Service Center through April 15, 2008. Lastly she announced
upcoming community events.
Councilmember Park reported on the January 26, 2008 Council retreat and stated the next Joint
Chamber/City Meeting is scheduled for February 7, 2008 at 7 :30 AM. He also stated that the Asian Pacific
Cultural Center will host a Lunar New Year Celebration at the Tacoma Dome on February 9,2008.
Councilmember Ferrell also reported on the January 26,2008 Council retreat and asked when the summary
of the retreat would be available on-line. Mr. Beets responded that the summary will be on-line by Friday,
February 8,2008. Councilmember Ferrell stated there was good discussion at the retreat and encouraged
citizens to view the summary. He also reported that he was in Olympia to testify to the State Government
and Tribal Affairs Committee on domestic violence.
Councilmember Kochmar reported the next Land Useffransportation (LUTe) Committee meeting is
scheduled for February 25,2008 at 6:00 PM; reminded the public of the utility tax rebates available to low
income senior citizens and disabled persons and update the council/public on the Puget Sound Regional
Council 20/40 vision planning process.
Deputy Mayor Faison reported on the Association of Washington Cities Legislative Conference stating that
Federal Way representatives testified in support of funding for a performing arts center. SEE TAPE
Mayor Dovey stated he will be giving his State of the City Address at the Chamber luncheon on February 8,
2008. He is also hosting Town Hall meetings scheduled for February 12th at 7:00 PM at Nautilus
Elementary School and on February 25th at the Christian Faith Center.
. 9. CITY MANAGER REPORT
City Manager Beets introduced Greg Fewins as the Community Development Director. Mr. Fewins has
been serving as the Interim Community Development Director and Mr. Beets is pleased that he has
accepted the position.
a. Update - Citizen complaint regarding ice on Pacific Highway and replacement oflight standards.
Mr. Beets stated that as indicated by Mr. Barovic under Public Comment, there was indeed water
and ice on this portion of Pacific Highway and Deputy Public Works Director Marwan Salloum has
been working with WSDOT to fix the problem.
b. Update - Citizen complaint regarding sidewalk parking enforcement. Mr. Beets also reported that
both the Police Department and Code Enforcement Division have visited the area and twelve
citations and six warnings have been issued, and one trailer has been removed.
Lastly Mr. Beets asked for a motion to suspend the rules to allow the meeting to go past 10:00 PM for the
executive session items.
MOTION: Councilmember Kochmar moved to suspend the rules to allow the meeting to continue past
10:00 PM. Councilmember Duclos second. The motion carried 7-0.
Council adjourned to executive session at 9:20 PM.
6
City of Federal Way City Council Regular Meeting Minutes
February 5,2008- Page 6 of6
10. EXECUTIVE SESSION
a. Potential Litigation pursuant to RCW 42.30.11 0(1 )(i)
b. Collective Bargaining pursuant to RCW 42.30. 140(4)(a)
c. Added Item: Evaluation of qualifications of applicants for public office.
11. ADJOURNMENT
Mayor Dovey adjourned the Regular Meeting of the Federal Way City Council at 10:36 PM.
ATTEST:
Laura K. Hathaway, City Clerk
Approved by Council on:
7
COUNCIL MEETING DATE: February
2008
ITEM #: 5b
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ARTS COMMISSION 2008 WORK PLAN
POLICY QUESTION: Should the Council approve the Arts Commission 2008 Work Plan?
COMMITTEE: PRHSPSC
MEETING DATE: February 12,
2008
CATEGORY:
[8J Consent D Ordinance D Public Hearing
o City Council Business D Resolution D Other
~!.~FF ~!'Q~!.!!'!..=..;ryl~E31b~!.!.g~.~E~~!i2~~~9.:..g~!~ra~. Sv~~:..~_l:1.P!:.____..__.____...__.~~!..~~..~~~~___...___...._.__._.._
Annually the Arts Commission schedules a retreat to review the current Work Plan and develop the plan for the
upcoming year. In 2008, the Arts Commission will focus on updating the Cultural Plan, the 2nd year of the
Writer's Retreat, developing new program ideas for the Red, White and Blues Festival, and improving public
relations-press, newsletters and web information.
Attachments:
Proposed 2008 Work Plan
2008 Arts Commission Budget
Options Considered:
1. Approve the proposed Arts Commission 2008 Work Plan.
2. Decline the proposed Arts Commission 2008 Work Plan and request the Arts Commission to make
reVISiOns.
STAFF RECOMMENDATION: Staff recommends Council approve the recommended Arts Commission 2008 Work
Plan.
CITY MANAGER ApPROVAL:
~
to Committee
DIRECTOR ApPROVAL:
COMMITTEE RECOMMENDATION: Forward the Arts Commission 2008 Work Plan to City Council for approval
on February 20, 2008.
-xi
,
Committee Chair
PROPOSED COUNCIL MOTION: HI move a roval of the Arts Commission 2008 Work Plan and request staff
to forward to full City Council on February 19, 2008 for consideration. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02106/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
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Arts Commission Budget 2007-OS
001 7200 352. 573 23
Exhibit Sti ends & Materials
King County Performance Network (Dance)
Knutzen Family Theatre Concert Series
New Program Contracts
NewsletterlFliersIPromotion
Re tions
Red White & Blues Festival
Scholarshi s
Swnmer Sounds on the Beac
Summer Musical Theatre, Arts Cam
Dumas Bay Writer's Worksho
Contract for Service
Update Cultural Plan: Additional Fundin
$500
$9,000
$2,000
$3,000
$2,000
$2,000
$38,200
$8,000
,
$500
10000
$2 000
$3,000
$2,000
$2,000
$38,200
$8,000
$4,250.00
$88,200.00
$4,250.00
$88,200.00
.Does not include 2006 Carryforward for Cultural Plan funding.
k/artscom/budget/2008revised 1.15.08
11
COUNCIL MEETING DATE: February 19, 2008
ITEM #: Sc...
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: FIRST AMENDMENT FOR PARKING LOT CLEANING
POLICY QUESTION: Should the Council authorize a first amendment to the Parking Lot Cleaning
service contract from McDonough & Sons?
COMMITTEE: PRPSC
MEETING DATE: Feb 12,2008
CATEGORY:
IZI Consent
D City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REpORT By: STEPHEN IKERD DEPT: Parks
_........_____..________..___H_..__.___.......___....._..___..___._..___.__._.___._......._.............................____.__.................._........__...........__._.__..........___.........__..._._............,--..--.------.--.--.--------.-
McDonough & Sons has been performing Parking Lot Cleaning to Park and City facilities sites under this
contract for the past two years. This request is to extend the contract one more year, as this company has been
performing well. This amendment will also add the FW Community Center to the service route. The total amount
of compensation for this amendment is $9,000 for a one year term. The total compensation for the full term of the
contract will be $21,6e0'. Fund:l~as been approved in the 2008 maintenance budget.
.z:3.5uC{.g 0~
Attachments: None
Options Considered: NA
STAFF RECOMMENDATION: Staff recommends amending the term of the contract for an additional year.
CITY MANAGER ApPROVAL: {}vyc
Committee
DIRECTOR ApPROVAL:
COMMITTEE RECOMMENDATION:
~~~
PROPOSED COUNCIL MOTION: "I move rpproval to amend the term of the contract for an additional year
and authorize execution of the amendement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED -- 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
12
COUNCIL MEETING DATE: February 19,2008
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Joint Construction Agreement with Qwest for the construction of S348th Street HOV Lanes project
POLICY QUESTION: Should the Council authorize staff to enter into a Joint Construction Agreement between the
City of Federal Way and Qwest for S348th Street HOV lanes Project for the relocation and construction of
Communication facilities?
COMMITTEE: LUTC
MEETING DATE: February 4, 2008
CATEGORY:
t8l Consent
D City Council Business
D Ordinance
D Resolution
D Public Hearing
D Other
DEPT: Public Works
.~!~!':~~!2~!.~'!...:..M~~~.~.~.~.II,()u__~_J.>:~' .S. .tr.,eet S,Ys. tetll.M~!.la.g~r ..
- - ._,.- -.-_......-.._...-"...---.....
Attachments:
1. Memo to Land Use I Transportation Committee dated February 4,2008.
2. Draft Joint Construction Agreement with Qwest for the construction of S 348th Street HOV Lanes
project
Options Considered:
1. Authorize staff to enter into a Joint Construction Agreement between the City of Federal Way and Qwest
for the relocation and construction of Communication facilities as part of the S 348th Street HOV Lanes
Project
2. Do not authorize staff to proceed and provide direction to staff.
STAFF RECOMMENDATION: Staff recommends Option I.
ClTY MANAGER ApPROVAL:
~
~uncil
DIRECTOR ApPROVAL: ~
to Committee
M.
To Council
COMMITTEE RECOMMENDATION: Place Option 1 on the February 19, 2008 Council Consent Agenda for
approval
,0 ~~~ ~.~
~ Kochmar, Chair Ji eITel, Member Dini Duclos, Member
PROPOSED COUNCIL MOTION: "Authori staff to enter into a Joint Construction Agreement between the
City ofF ed.eral Way and Qwest for the relocation and construction of Communication facilities as part of the S
348th Street HOV Lanes Project"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02106/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
13
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
February 4, 2008
Land Use and Transportation Committee
Cary M. Roe, P.E., Assistant City Manager, Chie Operations Office, Emergency Manager t/ur(
Marwan Salloum, P.E., Street Systems Manager:
John Mulkey, P.E., Street Systems Project Engineer :stvo-....
Joint Construction Agreement with Qwest for the construction of S348th Street HOV Lanes
project
SUBJECT:
BACKGROUND:
Qwest requested the City to enter into a Joint Construction Agreement for the relocation and construction of
communication facilities as part of the S348th Street HOV lanes project in an effort to reduce both cost and
extended public disruption of the area. Copy of the proposed agreement is attached to this memo.
The estimated cost of the Joint Construction Agreemoot is $56,306 this includes the cost for construction,
construction management and project administration. Actual construction costs incurred will be used to
calculate final cost of Qwest's reimbursement to the City.
K:\LUTC\2008\02,04-Q8 Qwest Joint Construction Agreement for S348th HOV.doc
14
Agreement No. {variable:Agreement Id}.{variable:Version}
AGREEMENT
FOR
JOINT CONSTRUCTION
NCAXXXX
THIS AGREEMENT (the "AQreement") is entered into as of , 2007
between Owest Corporation a Colorado corporation ("Owest"), and The City of Federal Way, a Washington State
municipal corporation.
I. JOINT CONSTRUCTION TERMS AND CONDITIONS
1. DEFINITIONS:
1.1 "Schedule" means a written instrument made part of the Agreement describing Work, including price,
specifications, warranty terms and related shipping and delivery instructions, and sometimes referred to
as a "Statement of Work". Schedules may be added, deleted or modified as agreed in writing and
executed by the parties.
1.2 "Project Developer" means City of Federal Way.
2. TERM:
The Agreement wilt commence as of the Effective Date and will continue through December 31,
2009 (''Term''). If the term of any Schedule or Order extends beyond the Term, the Agreement shall
remain in full force and effect but only as to such Schedule or Order, and only through the end of the term
of the applicable Schedule or Order.
3. THE PROJECT:
3.1 Project Developer intends to perform a construction project, or multiple construction projects, that may be
described on one or more Schedules to this Agreement (each referred to as a "Project").
3.2 In connection with the Project, it is necessary or desirable that Owest install telecommunications facilities
in the area in which the Project will be performed (the "Site") or that Owest's existing telecommunications
facilitates at the Site be moved. The new or moved telecommunications facilities and all associated
equipment shall be referred to in this Agreement and any Schedules, as (the "Facilities").
3.3 Owest has requested that as part of an individual Project, Project Developer, acting through its contractor
(the "Contractor"), perform certain work in connection with the Facilities on the Site for Owest, which work
is more specifically described in an Exhibit to the Schedule (the 'Work").
4. INVOICES AND PAYMENTS:
4.1 Invoices.
Within 30 days of providing Work to Owest, Project Developer wilt issue an invoice by the method agreed
upon by the parties. Unless otherwise required by law, Owest will not pay for Work invoiced more than 90
calendar days after completion of the Work. Each invoice will contain an itemized description of the Work
and all applicable charges and taxes (if Project Developer is a private entity, exclusive of taxes based on
Project Developer's jncome). Owest will be liable only for undisputed and correct taxes itemized on the
invoice for Work to which the taxes relate. Project Developer, and its Contractor, is responsible for
charging the correct taxes on the applicable invoice other than where Owest has provided Project
Developer a properly completed tax exemption certificate or other evidence of exemption. Project
Developer, or its Contractor, as applicable, must be registered by the taxing jurisdictions to collect sales
and/or use taxes within the states to which Work are provided.
4.2 Payment Due Date; Acceptance of Payment.
Rev. 11/06
Owest Confidential and Proprietary
Disclose and distribute solely to those individuals who have a need to know.
1
15
8.3
Rev. 11106
Agreement No. {variable:Agreement Id}.{variableVersion}
Owest will pay undisputed invoices in U.S. dollars within forty five (45) days} of receipt of a proper invoice.
Payment will not constitute acceptance of the applicable Work. If Project Developer accepts payment
from Owest for Work, Project Developer waives any claims that Project Developer may have against
Owest for the Work.
5. ACCEPTANCE:
Acceptance of the Work will be defined on the applicable Schedule.
6. WARRANTY:
For a period of one (1) year (or longer, if so provided by law, and to the extent provided by law) after final
payment by Owest for the Work, The Project Developer shall repair any defective work or material at no
cost to Owest, consistent with the provisions of sections 1-05.10 through 1-05.12 of the Washington State
Standard Specifications for Road Bridge and Municipal Construction, 2006. This time period relates only
to the specific obligation of Project Developer to correct the Work, and has no relationship to the time
within whichOwest may seek to enforce Project Developer's obligations under the Agreement or within
which Project Developer must comply with the Agreement. Upon notice from Owest, Project Developer
will immediately, at no cost to Owest, correct and remedy any defects in the Work whether observed
before or after payment for the Work and whether or not the Work is already installed or completed. If
Project Developer fails to promptly correct defective Work, Owest may correct the Work itself or hire
another contractor to do so and Project Developer shall pay for all reasonable and verifiable costs of
correction promptly upon demand by Owest.
7. LIENS:
8.
8.1
Project Developer warrants that no mechanics' liens or other claims or demands, including but not limited
to personal injury, death, property damage, non-payment or other liability claims, will be filed or
maintained by it, the Contractor, subcontractors or any other third party against any Owest equipment,
real estate or other property on account of the Work. Owest reserves the right, at any time during the
progress of the Work, to require Project Developer, the Contractor and any subcontractor to furnish
evidence in form and substance acceptable to Owest that all claims, liens and causes of action, if any, for
the payment of wages or salaries or the payment of charges for labor, materials, tools, machinery, or
supplies have been satisfied, released or settled.
INDEPENDENT CONTRACTORS:
8,2
Independent Contractor.
Project Developer certifies that it is engaged in an independent business and will perform its obligations
arising in connection with the Agreement as an independent contractor and not as the agent or employee
of Owest. This Agreement does not create a partnership, joint venture or similar relationship between the
parties and neither party will have the power to obligate the other in any manner whatsoever.
Agents and Employees.
Any persons who perform services for Owest will be solely the employees or agents of Project Developer
under its sole and exclusive direction and control. Project Developer is solely responsible for: (a) the
hours of work, methods of performance and compensation of its employees and agents; (b) compliance
with all federal, state and local rules and regulations including those governing worker's compensation,
unemployment, disability insurance and social security withholding for its employees and agents; and (c)
all federal and state income taxes for its income derived in connection with the Agreement.
Safety and Health.
The safety and health of Project Developer's employees and agents while working on the Project will be
Project Developer's sole responsibility. Project Developer and its employees and agents will comply with
all applicable rules and regulations, as well as all local, state arid federal environmental, health and safety
requirements, including those relating to the use and handling of hazardous materials. Project Developer
will immediately report to Owest any accidents, injuries or property damage arising from the performance
in connection with the Agreement. Project Developer will provide Owest with copies of any safety, health
or accident reports that Project Developer files with any third party with respect to Project Developer's
performance in connection with the Agreement.
Qwest Confidential and Proprietary
Disclose and distribute solely to those individuals who have a need to know.
2
16
Agreement No. {variable:Agreement Id}.{variable:Version}
9. INDEMNIFICATION:
9.1 In addition to Project Developer's obligation to obtain and keep, and ensure that the Contractor obtains
and keeps, insurance as set forth in this Agreement, and to the fullest extent permitted by law, Project
Developer agrees to indemnify, defend and hold harmless Owest, its affiliates and each of their officers,
directors, employees and agents from and against all suits, losses, costs (including without limitation
reasonable court costs and attorneys' fees), lawsuits, judgments, orders, awards, fines, penalties,
expenses, liabilities, actions, damages or claims of any character ("Liabilities") arising from or in
connection with (a) any personal injuries or property damage received or sustained by any person or
property arising in whole or in part in connection with the Work; (b) any act or omission, neglect,
negligence, gross negligence or willful misconduct of Project Developer, the Contractor or any
subcontractors in connection with the Work or the Agreement; or (c) any breach by Project Developer of
the Agreement.
9.2 Owest will indemnify, defend and hold harmless Project Developer, its employees and agents from and
against all Liabilities arising from or in connection with (a) any act or omission, neglect, negligence, gross
negligence or willful misconduct of Owest in connection with the Agreement or (b) any breach by Owest
of the Agreement.
9.3 Prior to the commencement of the Work, Project Developer will require the Contractor to agree in writing
to indemnify, defend and hold harmless Owest, its affiliates and each of their officers, directors,
employees and agents from and against all Liabilities arising from or in connection with (a) any personal
injuries or property damage received or sustained by any person or property arising in whole or in part in
connection with the Work; and (b) any act or omission, neglect. negligence, gross negligence or willful
misconduct of the Contractor or any subcontractors in connection with the Work.
9.4 No party shall be required to indemnify, defend, or save harmless the other party if the claim, suit, or
action for injuries, death, or damages is caused by the sole negligence of the party seeking
indemnification.
10. LIMITATION OF LIABILITY:
Except for each party's indemnification obligations and each party's breach of any requirements regarding
Confidential Information, neither party is liable to the other for consequential, incidental, indirect, punitive
or special damages, including commercial loss and lost profits, however caused and regardless of legal
theory or foreseeability, directly or indirectly arising in connection with the Agreement, even if such party
has been apprised of the possibility of such damages.
11. INSURANCE:
11.1 General Insurance Requirements.
Project Developer will, and will require that the Contractor, at all times during the term of this Agreement,
at its own cost and expense, carry and maintain the insurance coverage listed below with insurers
licensed in the areas where the Work will be performed having at minimum a "Best's" rating of A -VII.
Contractor will not commence any Work until it has fulfilled all insurance requirements in this section.
Contractor will require its subcontractors to maintain proper insurance applicable to the type and scope of
Work to be performed under this Agreement. It is expressly understood that Contractor is ultimately
responsible for its subcontractors including without limitation ensuring that the appropriate insurance is.
maintained by its subcontractors.
11.2 Workers' Compensation Insurance.
Project Developer will carry Workers' Compensation and/or, when applicable, Long Shoremen's and
Harbor Workers Compensation insurance in amounts sufficient pursuant to the laws of the State of
Washington,
Project Developer's Contractor(s) will carry Workers' Compensation and/or, when applicable, Long
Shoremen's and Harbor Workers Compensation insurance with (i) statutory limits of coverage for all
employees as required by statues; and (ii) Stop Gap or Employer's Liability insurance with a limit of One
Million Dollars ($1,000,000) for each accident.
Qwest Confidential and Proprietary
Disclose and distribute solely to those individuals who have a need to know.
3
Rev. 11/06
17
Agreement No. {variable:Agreement Id}.{variable:Version}
11.3 Commercial General Liability Insurance.
Commercial General Liability insurance providing coverage for bodily injury, death, personal injury and
property damage occurring or arising out of the performance of this Agreement, including coverage for
products/completed operations, premises operations, independent contractor's prot~ctive coverage
(required if Contractor subcontracts any of the Work), and contractual liability with respect to liability
assumed by Project Developer. This insurance will also include: (i) explosion hazard coverage
(commonly referred to as "X" coverage) if the Work involves blasting, (ii) collapse hazard coverage
(commonly referred to as "C" coverage) if the Work may cause structural damage due to excavation,
burrowing, tunneling, caisson work or under-pinning, and (iii) underground hazard coverage if the Work
may cause damage to underground facilities (commonly referred to as "U" coverage). The limits of
liability for this coverage will be not less than the limits as set forth below.
Each Occurrence $5,000,000.00
. General Aggregate Limit $5,000,000.00
Products-Completed Operations Limit $5,000,000.00
Personal and Advertising Injury limit $1,000,000.00
These limits of liability can be obtained through any combination of primary and excess or umbrella
liability insurance.
11.4 Commercial Automobile Liability Insurance.
Commercial Automobile liability insurance covering owned, non-owned and hired vehicles used in
connection with the performance of the Work, The limits of liability for this coverage shall be not less than
One Million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury or property
damage.
11.5 Certificates of Insurance.
Project Developer shall require its Contractor to forward to Owest certificates of such insurance upon
execution of this Agreement and upon any renewal of such insurance during the term of this Agreement
for both Project Developer and the Contractor. The insuring carrier(s) may use the ACORD or equivalent
certificate of insurance form acceptable to Owest. The insurance certificates shall provide that: (i) Owest
is named as an additional insured on the Commercial General liability and Commercial Automobile
Liability policies; (ii) thirty (30) calendar days prior written notice of cancellation of, or material change or
exclusions in, the policy to which the certificates relate shall be given to Owest; (iii) underground hazard
coverage (commonly referred to as "U" coverage) is part of the coverage and (iv) the words "pertains to
all operations and projects performed on behalf of the certificate holder" are included in the description
portion of the certificate. Project Developer shall not commence any Work until the obligations of Project
Developer with respect to insurance have been fulfilled. The fulfillment of such obligations shall not
relieve Project Developer of any liability hereunder or in any way modify Project Developer's obligations to
indemnify Owest.
12. TERMINATION; CANCELLATION:
12.1 Notice.
Either party may terminate this Agreement (including its Schedules), in whole or in part, for its
convenience with 30 days prior written notice, Project Developer will be entitled to payment for Work
accepted and received by Owest as of the date of termination, Owest will have no other liability arising
out of termination of this Agreement or a Schedule.
12.2 Material Breach.
Either party may terminate this Agreement (including its Schedules):in whole or in part, by written notice
Rev. 11106
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4 18
Agreement No. {variable:Agreement Id}.{variable:Version}
to the other if the other party breaches this Agreement and fails to cure such breach to the non-breaching
party's satisfaction within 30 days of written notice specifying the breach.
12.3 Pre-Tennination Obligations.
Expiration or termination of this Agreement (including its Schedules) will not relieve either party from its
obligations arising hereunder prior to such expiration or termination.
13. DISPUTE RESOLUTION:
13.1 Negotiation Between the Parties.
The parties will attempt in good faith to resolve any dispute arising out of or relating to this Agreement
promptly by negotiation between individuals who are at a higher level than the persons with direct
responsibility for administration of this Agreement. Any party may give the other party written notice of any
dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the
receiving party will submit to the other a written response. The notice and the response will include (a) a
statement of each party's position and a summary of arguments supporting that position and (b) the name
and title of the executive who will represent that party and of any other person who will accompany the
that individual. Within 30 days after delivery of the disputing party's notice, the representatives of both
parties will confer at a mutually acceptable time, and thereafter as often as they reasonably deem
necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to
the other will be honored. All negotiations and documents exchanged pursuant to this clause are
confidential and will be treated as compromise and settlement negotiations for purposes of applicable
rules of evidence.
13.2 Forum.
Any legal proceeding arising out of, or relating to this Agreement, will be brought in a United States
District Court, or absent federal court jurisdiction, in a state court of competent jurisdiction, in the Denver,
Colorado metropolitan area.
13.3 Waiver of Jury Trial and Class Action.
Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a
trial by jury and any right to pursue any claim or action arising out of or relating to this Agreement on a
class or consolidated basis or in a representative capacity.
14. MISCELLANEOUS:
14.1 Compliance with Laws and Policies.
Project Developer will obtain, at its expense, all permits and licenses, bonds, and other necessary legal
authority, pay all fees, and comply with all federal, international (if applicable), state and local laws,
ordinances, rules, regulations and orders applicable to Project Developer or Project Developer's
performance hereunder including, the Communications Act and orders of the Federal Communications
Commission. Project Developer, or its Contractor, will give all required notices to governmental
authorities, and will coordinate all necessary governmental inspections to avoid delays in the provision of
the Work. Project Developer will also, at its expense, comply with Project Developer's code of conduct,
policies and procedures applicable to Project Developer's performance hereunder, ana with the
provisions of the Owest business practices for suppliers. Should any provisions of the Owest business
practices for suppliers conflict with Project Developer's code of conduct, policies and procedures, the
more demanding provisions shall apply unless otherwise agreed in writing by the parties. The Qwest
business practices for suppliers may be found at
http://www.qwest.com/abouVcompany/ethicslfiles/SuppliersBrochure- .pdf
14.2 Remedies; Future Projects.
No remedy specified in this Agreement will limit Qwest'sother rights and remedies arising in connection
with the Agreement, at law or in equity. Qwest's participation in the Project pursuant to this Agreement
shalt not be construed as an agreement to participate in any future projects.
14.3 Governing Law.
Rev. 11106
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Disclose and distribute solety to those individuals who have a need to know.
S
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Agreement No. {variable:Agreemenlld}.{variable:Version}
This Agreement will be governed by the laws of the State of Washington without reference to its choice of
law rules.
14.4 Records and Audits.
Project Developer will maintain complete and accurate records with respect to the Work, including all
charges associated with this Agreement and the portion of the Work performed by Subcontractors, in
accordance with generally accepted accounting principles, for 72 months from the date of its termination
or expiration. Owest, or its designee', may inspect, audit and make copies of such records, for Qwest's
retention, on reasonable notice.
14.5 Assignment and Delegation.
The rights and obligations of each party will be binding upon and inure to the benefit of its successors and
permitted assigns. Project Developer may not assign this Agreement (including its Schedules), in whole
or in part, without the prior written consent of Owest. Any attempted assignment by Project Developer
without Owest's prior written consent shall be null and void.
14.6 Notices.
Notices required under this Agreement will be sent to the addresses of the parties stated below their
signatures. Notice will be deemed given: (a) on the 1 st day atter deposit with an overnight courier,
charges prepaid; (b) as of the day of receipt, if sent via first class U.S. Mail, charges prepaid, return
receipt requested; and (c) as of the day of receipt, if hand delivered.
14.7 Advertising; Publicity.
Neither party will use the other party's names, marks, codes, drawings or specifications in any
advertising, press release, promotional effort or publicity of any kind without the other's prior written
permission.
14.8 Waiver.
Any waiver by either party of any rights hereunder or of a breach of any provision of this Agreement will
not constitute a waiver of any other breach of that or any other provision of this Agreement. Any waiver
must be in writing.
14.9 Modifications or Amendments; Interpretation.
Any modifications or amendments to this Agreement must be in writing and signed by both parties. The
term "including" in this Agreement means by way of example, not limitation. Headings and subheadings
used in this Agreement are for convenience only, and have no substantive meaning.
14.10 Severability.
The determination that any provision of this Agreement is invalid or unenforceable will not invalidate this
Agreement, and this Agreement will be construed and performed in all respects as if such invalid or
unenforceable provision was omitted insofar as the primary purpose of this Agreement is not frustrated.
14.11 Force Majeure.
Neither party will be liable to the other party for any delay or interruption of performance resulting from
causes beyond its reasonable control. Upon any force majeure, either party may elect to terminate this
Agreement or any Schedule or Order or to suspend the Work upon written notice.
14.12 Entire Agreement.
This Agreement and all Schedules, exhibits, amendments, documentation, and specifications referenced
in those documents, contain the entire understanding between the parties with respect to the subject
matter and supersede all prior oral and written understandings, arrangements and agreements between
the parties relating thereto.
14.13 Survival.
The following provisions of this Agreement regarding "Representations and Warranties"; "Confidential
Information"; "Indemnification"; 'Work Product"; "Limitation of Liability"; "Dispute Resolution"; and "Choice
Rev. 11/06
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6
20
Agreement No. {variable:Agreemenlld}.{variable:Version}
of Law" and all others that by their sense and context are intended to survive the expiration of the
Agreement will survive.
14.14 Execution.
The Agreement may be executed by facsimile copy and/or in any number of counterparts, all of which
together will constitute one agreement.
Rev. 11/06
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7
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Agreement No. {variable:Agreement Id}.{variable:Version}
Signature Block
The parties, intending to be legally bound, have caused this Agreement to be executed as of the Effective Date.
Owest Corporation City of Federal Way
(Authorized Signature) (Authorized Signature)
Cary M. Roe, P.E.
(Print or Type Name of Signatory) (Print or Type Name of Signatory)
Assistant City Manager
Chief Operations Officer
Emergency Manager
(Title) (Title)
(Execution Date) (Execution Date)
Address for Purposes of Notices: Address for Purposes of Notices:
Jeff Watson Brian Roberts
23315 66th Ave. So. City of Federal Way
Kent, Wa., 98032 PO Box9718
253-372-5358
jeff.watson@qwest.com Federal Way, WA 98063-9718
With copies to: 253-835-2723
Owest Services Corporation
Law Department - Procurement
General Counsel
Agr~ement # NCA2791.0
1801 California St.
Denver, CO 80202
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
Rev. 11/06
Qwest Confidential and Proprietary
Disclose and distribute solely to those individuals who have a need to know.
8
22
STATEMENT OF WORK NO.1
Agreement No. {variable:Master Agreement Id - Master Agreement Reference}
Statement of Work No. {variable:Agreement Id}
to
AGREEMENT
FOR JOINT CONSTRUCTION
NCAXXXX.SS1.0
This Statement of Work is attached to and made a part of the most current amended version of the Agreement.
In the event that any term of this Statement of Work conflicts with anything contained in the Agreement, except for
terms identified in the Agreement as Non-Waivable Terms, this Statement of Work will control for purposes of this
Statement of Work only. Unless otherwise defined herein; all capitalized terms in this Statement of Work will have
the meanings set forth in the Agreement.
1.
Term. This Statement of Work will commence as of
and will continue through December 31,2009 (Expiration Date).
The Work:
(Effective Date)
2.
2.1 The Project is described on Exhibit A 'The Project" to this Statement of Work, and the 'Work Schedule"
for the Project is described on Exhibit B 'The Work and the Work Schedule". .
2.2 Project Developer shall, at no cost or expense to Owest, prepare and provide to Owest engineering
drawings, specifications and construction standards for the Project (the "Project Developer's
Specifications"). Project Developer shall choose and pay all costs associated with the Contractor and
shall provide to Owest at least ten (10) calendar days' prior written notice prior to the beginning of the
Project and of the Work. In addition, Project Developer shall provide all necessary excavation, bedding,
backfill, off-Site disposal, and Site restoration for the placement of the Facilities, along with the
coordination of other utilities participating in the Project. Project Developer shall provide all flagging and
traffic control, including uniformed officers when required, for any necessary excavation or work
performed by Project Developer. Project Developer will notify Owest of any changes in the Work that will
result in additional costs to Owest, and will obtain Owest's prior written approval of such changes before
commencement of any changes to the Work.
2.3 Within the number of days set forth in the Work Schedule after Owest's receipt of Project Developer's
Specification, Owest shall, at no cost or expense to Project Developer, prepare and provide to Project
Developer engineering drawings, specifications, construction standards and quantities pursuant to which
the Work must be performed by Project Developer rOwest's Specifications"). Owest's Specifications shall
show in detail the quantity and size of all facilities and equipment to be used by Owest that Project
Developer will install pursuant to this Statement of Work. Owest shall notify Project Developer in writing of
any changes it wishes to make in Owest's Specifications, and such changes shall be made, if feasible.
Owest shall pay for all costs attributable to the changes.
2.4 If the Work includes installation of new vaults and/or conduit, Owest will install all wires, conductors and
any other equipment needed to complete the Owest portion of the Project as provided in Exhibit A in
accordance with the Work Schedule set forth in Exhibit B. The vaults and conduit shall be owned solely
by Owest. and Owest shall be responsible for all maintenance in connection with the vaults and conduits
except for defects covered under section 6 of the Agreement. If required, Owest will perform cut-over and
transfer of existing Owest customers to the new or relocated Facilities and/or remove any replaced aerial
Owest Facilities or underground Owest Facilities that are in conduit or manhole structures only in
accordance with the Work Schedule set forth in Exhibit B. Owest shall in no event be required to perform
a cut-over or transfer or to remove any affected Facilities prior to completion of any replacement Facilities
in accordance with this Statement of Work and Owest's approval of the replacement Facilities. The
Facilities and all associated equipment shall be owned solely by Owest, and Owest shall be responsible
for all maintenance in connection with the Facilities. To the extent that it has the right to do so, upon
approval of the Work by Owest, Project Developer shall grant, provide and/or assign to Owest any
permits, licenses or approvals required to access, occupy, use or operate the Facilities or any materials or
facilities used in connection with the Facilities.
2.5 If the Work involves excavating, Project Developer will ensure that the Contractor contacts the Utility
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-1- 23
.
Agreement No. {variable:Master Agreementld - Master Agreement Reference}
Statement of Work No. {variable:Agreement ld}
Notification Center (One-Call), and that the Contractor obtains appropriate information on the location of
all buried cable and utilities prior to performing any Work. Project Developer shall ensure that its
Contractor shall be. responsible for any failure of the Contractor to locate, expose and protect from
damage all existing underground facilities, including but not limited to electrical, telephone, water, gas and
sewer. In addition to its indemnification obligations contained in the Agreement, if any existing
underground or other facilities are damaged directly or indirectly in connection with the Work, Project
Developer will, at its expense, promptly repair or replace all damaged or destroyed facilities. Project
Developer will ensure that immediate temporary repairs are made and will immediately report the damage
to the property owner and to Owest and will ensure that no permanent repairs are made unless the
consent of the property owner has first been obtained. Repairs will be made within forty-eight (48) hours
after receiving permission from the property owner, unless otherwise agreed to by Owest. At Owest's sole
option, Owest may elect, rather than having Project Developer make any repair to Owest facilities
described in this subsection, to have the repair made by Owest's employees or contractors. If Owest or its
contractor performs the repair, Owest will invoice Project Developer for Owest's reasonable and
documented costs, including without limitation labor costs, and Project Developer will pay Owest for such
costs for repair of damage to Owest's existing facilities within forty-five (45) calendar days after receipt of
an invoice.
2.6 Owest will be responsible for providing all traffic control associated with the installation and/or removal of
Facilities for which Owest is responsible pursuant to this Statement of Work, including the plJlling of
cables and associated equipment.
2.7 Project Developer will be responsible for providing all traffic control associated with the installation,
relocation, and/or removal of Facilities for which Project Developer is responsible pursuant to this
Statement of Work.
2.8 Project Developer shall obtain any and all licenses, permits and approvals required for the Work as
defined in Exhibits A and B.
2.9 Project Developer agrees that the Work will be performed in accordance with all applicable federal, state
and local laws, rules and regulations and the requirements of whoever owns or has jurisdiction over the
rights of way in which the Work is to be performed.
2.10 Owest shall have the right at all times to observe and inspect the performance of the Work,
2.11 If the Work requires the use or installation of any materials, the item checked below shall apply:
_X_ Except as specifically set forth in Exhibit B, Owest shall arrange for the purchase and delivery of
materials to the Project site in accordance with the Work Schedule.
_ Except as specifically set forth in. Exhibit B, Project Developer shall provide all materials required in
connection with the Project. All materials will be new and of the specific type designated by Owest.
_ As set forth in Exhibit B, Project Developer and Owest shall each provide some materials for the
Project. All materials provided by Project Developer will be new and of the specific type designated by
Owest
2.12 Ownership of any materials or equipment supplied by Contractor will transfer to Owest upon receipt by
Contractor of final payment for the Work by Owest.
2.13 Owest and Project Developer shall maintain continued coordination regarding the Project, and Project
Developer shall ensure that the Contractor also participates in the coordination. This coordination shall
include but not be limited to a pre-construCtion meeting. Project Developer shall be responsible for the
scheduling of these meetings.
2.14 Project Developer will be responsible to Owest for acts and omissions of Project Developer's and the
Contractor's employees and subcontractors and each of their agents and employees, and any other
persons performing portions of the Work.
3. Changes:
If conditions or circumstances require a change in the Project or the Work, each party shall agree in
writing to any changes, including without limitation payment responsibilities, prior to commencement of
the Work or the changes. Neither party shall be responsible for any changes to the Work (including
rev. 11-06
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-2- 24
Agreement No. {variable:Master Agreement Id - Master Agreement Reference}
Statement of Work No. {variable:Agreement Id}
without limitation payment responsibilities) made without its prior written consent
4. Payment for the Work/Fees.
In consideration for performance of the Work and for the other promises and covenants contained in this
Agreement, Owest agrees to pay to Project Developer the amount set forth on an exhibit to the Schedule
(the "Pavment") in accordance with the Exhibit C "Work Price Schedule" to the Schedule (the "Pavment
Schedule"); provided, that Owest shall not make any final payment to Project Developer until Owest has
approved the Work.
5. Project Managers.
Owest: Project Developer:
Jeff Watson John Mulkey
23315 66'" Ave. So. City of Federal Way
Kent, Wa., 98032 PO Box 9718
253-372-5358 Federal Way, WA 98063-
9718
rev. 11-06
. Owest Confidential and Proprietary
Disclose and distribute solely to those individuals who have a need to know.
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Agreement No. {variable:Master Agreement Id - Master Agreement Reference}
Statement of Work No. {variable:Agreementld}
The parties, intending to be legally bound, have caused this Statement of Work to be executed on the dates set
forth below.
Owest Corporation Project Developer
(Authorized Signature) (Authorized Signature)
Gary M. Roe, P.E.
(Print or Type Name of Signatory) (Print or Type Name of Signatory)
Assistant City Manager
Chief Operations Officer
Emergency Manager
(Title) (Title)
(Execution Date) .' (Execution Date)
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
rev. 11-06
Owest Confidential and Proprietary
Disclose and distribute solely to those individuals who have a need to know.
-4 - 26
Agreement No. {variable:Master Agreement Id - Master Agreement Reference}
Statement of Work No. {variable:Agreemenlld}
EXHIBIT A
THE PROJECT
The City of Federal Way proposes to provide a joint utility corridor for the installation of underground facilities
required to facilitate relocation of existing underground facilities for the So. 348th St.. HOV Lanes project. The
joint utility corridor will be located along the north side of So. 348th St.. from approximately Pacific Highway So.,
west to approximately 9th Ave. S., as noted on the City's design plans.
rev. 11-06
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-5- 27
EXHIBIT B
Agreement No. {variable:Master Agreementld - Master Agreement Reference}
Statement of Work No. {variable:Agreement Id}
THE WORK AND THE WORK SCHEDULE
The City's contractor will excavate trench and install approximately 3060 lineal feet of Owest provided conduit in
various duct configurations in the joint utility corridor. The City's contractor will excavate for and install 2 _
4484TCA type concrete vaults. All facility installation will be in accordance with the Owest design 72W1MOR
which is incorporated into the City's South 348th Street HOV Lanes (9th Avenue South to SR 99) project design,
Owest project number XXXX dated XXXX. The City's contractor will be responsible for all excavation including
haul off and disposal of spoil, shoring, backfill including imported backfill material, compaction, restoration,
including hard surface removal and replacement and labor to install Owest's facilities. All conduit placed by the
City's contractor must be proofed by passing a 3.75 inch outside diameter cleaning mandrel through each 4 inch
conduit and placement of a Owest provided polyethylene measuring tape in each conduit. Conduit that cannot be
proofed by means of passing a 3.75 inch cleaning mandrel through the conduit will not be accepted by Owest until
such time as any necessary repairs are made and successful conduit proofing is completed. Vaults installed by
the City's contractor must be set to final grade and all vault sections, riser rings and vault entrance covers must
be sealed using Conseal mastic provided by Owest with the vault.
After installation of all conduit, vaults and pedestals, proofing of conduit, and acceptance of installations by the
Owest field representative, Owest will provide and place all cable in newly placed conduit and perform cable
splicing and service cutover. Owest will require 35 working days to pull cables, splice and cutover customer
service and remove existing temporary aerial facilities and poles from the completion of installation, proofing and
acceptance of all conduit, and vaults.
rev, 11-06
Owest Confidential and Proprietary
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- 6 - 28
Agreement No, {variable:Master Agreement ld - Master Agreement Reference}
Statement of Work No. (variable:Agreementld}
EXHIBIT C
WORK PRICE SCHEDULE
Owest will pay the City a unit rate as noted in Schedule 0 of the City's bid opening results for South 348th Street
HOV Lanes (9th Avenue South to SR 99) of $4.00 per lineal foot for installation of 4-inch conduit in City provided
joint utility trench. Owest will pay the City a unit cost rate as noted in Schedule 0 of the City's bid opening results
for South 348th Street HOV Lanes (9th Avenue South to SR 99) of $600.00 per vault for the installation of
4484TCA type vaults. Owest will pay the City for it's proportionate share of Structure Excavation Class B Incl.
Haul for Undergrounding of Overhead Utilities at the unit cost rate as noted in Schedule A of the City's bid
opening results as documented in Exhibit 0 per cubic yard for trench. Owest will pay the City for it's proportionate
share of Pit Run Sand at the unit cost rate as noted in Schedule A of the City's bid opening results as
documented in EXHIBIT 0 per cubic yard for backfill. Owest will pay the City for it's proportionate share of Gravel
Borrow Incl. Haul at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in
EXHIBIT 0 per cubic yard for backfill. Owest will pay the City for it's proportionate share of Shoring or Extra
Excavation Class B at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in
EXHIBIT 0 per square foot of trench length and depth. Owest will pay the City for it's proportionate share of
Temporary Pavement at the unit cost rate as noted in Schedule A of the City's bid opening results as documented
in EXHIBIT 0 per ton. Owest will pay the City for it's proportionate share of Flaggers and Spotters at the unit cost
rate as noted in Schedule A of the City's bid opening results as documented in EXHIBIT 0 per hour for all days in
which Owest facilities are installed by the City. Owest will pay the City for it's proportionate share of Other Traffic
Control Labor at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in
EXHIBIT 0 per hour for all days in which Owest facilities are installed by the City. All unit cost bid item costs
include sales tax. Owest will pay the City for it's proportionate share of construction management at the rate of
12.5% of the construction subtotal of the above unit costs as documented in EXHIBIT D. Owest will pay the City
for it's proportionate share of contract administration at the rate of 5% of the project cost as documented in
EXHIBIT D. Actual final cost will be calculated based on actual proportionate share of trench occupied by Owest
conduit, actual lineal footage of conduit, actual number of vaults installed by the City's contractor, and number of
days Owest facilities were installed out of the total of 120 working days in the contract. Total estimated cost for
facility installation is $56,307.79. Total actual cost is not to exceed $70,384.74 without prior written approval from
Owest pursuant to section 4 of this statement of work. The total actual not to exceed cost does not relieve Owest
from its responsibility for reimbursing the City for legitimate, substantiated delay claims from the City in the event
that Owest fails to perform under the terms of the agreement or fails to complete facility relocation as detailed in
exhibit B of this statement of work.
Owest will pay the City within 45 days of receipt of a correct invoice.
rev. 11-06
Qwest Confidential and Proprietary
Disclose and distribute solely to those individuals who have a need to know.
-7-
29
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COUNCIL MEETING DATE: February 19,2008
ITEM #: 5e_
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: South 348th Street HOV Lanes Project - Bid A ward
POLICY QUESTION: Should the Council award the South 348th Street HOV Lanes Project to the lowest responsive,
responsible bidder?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: February 4,2008
CATEGORY:
IZI Consent
o City Council Business
o Ordinance
o Resolution
o
o
Public Hearing
Other
~'!"~~!..~~!~~_!!Y:.~~~.~Il_~~!~~.,-!~...~}~:,..~.~~~,t.~ys!~~~....~.~Il~g~r.
Attachments: LUTC memo dated February 4th, 2008
Options Considered: . .________,.._.....
....'.ni'-'A~~id--.th~.S(;.;th34.8th--Str~~t..HOV L~.~~s .p~oj~ct.toW~st;~t~~ Co~s~ction'CO:, the lowest responsive,
responsible bidder in the amount of $2,927,159.80 and approve a 10% contingency of $292,716.00, for a total of
$3,219,875,80, and authorize the City Manager to execute the contract. Award of Schedule B (Lakehaven's portion
of the project) contingent upon Lakehaven Utility District Board approval to award Schedule B as bid.
DEPT: Public Works
2. Reject all bids for the South 348th Street HOV Lanes Project and direct staff to rebid the project and return to
Committee for further action
3. Do not award the South 348th Street HOV Lanes Project to the lowest responsive, responsible bidder and provide
direction to staff.
STAFF RECOMMENDATION: Staff recommends Option 1.
DIRECTOR ApPROVAL:
~ tf1uL
c omnUttee Council
CITY MANAGER ApPROVAL:
4.
February 19, 2008 Council Consent Agenda for approval
-~W- ~U--
Linda Kocbh;ar, Chair rrel, Member Dini Duclos, Member
PROPOSED COUNCIL MOTION: "Aw, r e South 348th Street HOV Lanes Project to Westwater Construction Co., the
lowest responsive, responsible bidder in the amount of$2,927,159.80 and approve a 10% contingency of $292,716.00,
for a total of $3,219,875.80, and authorize the City Manager to execute the contract. Award of Schedule B
(Lakehaven's portion of the project) contingent upon Lakehaven Utility District Board approval to award Schedule B as
bid."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL AcnON:
o A,PPROVED
o DENIED
o rABLED/DEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02106/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
31
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 4, 2008
Land Use and Transportation Committee
Cary M. Roe, P. E., Assistant City Manager, C~~f Oper~ns Office, Emergency Manager ~
Marwan Salloum, P.E., Street Systems Manager ~
John Mulkey, P.E., Street Systems Project Engineer'~
South 348th Street HOV Lflnes Project - Bid Award
BACKGROUND
Five (5) bids were received and opened on January 23. 2008 for the South 348th Street HOV Lanes
Project, See attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Westwater
Construction Co. with a total bid of$2,927, 159.80. The low bid received was less than (1 %) above the
engineer estimate.
Reference checks on Westwater Construction Co. by City staff indicates that the contractor has
performed similar work. As a result, City staff believes Westwater Construction Co. can successfully
complete this project to the City's satisfaction. Therefore the lowest responsive, responsible bidder is
Westwater Construction Co. in the amount of$2,927, 159.80.
PROJECT ESTIMATED EXPENDITURES:
Planning and Design
ROW Acquisition
2008 Construction Cost (Bid Amount)
Utility Undergrounding
10% Construction Contingency
12.5% Construction Management
TOTAL PROJECT COSTS
$ 530,000
240,000
2,927,159
150,000
292,715
365,895
$4,SOS,769
AVAILABLE FUNDING:
Grant Funding (Tm)
Utility Tax (2007 Budget)
Mitigation
Interest Earning
Comcast
Qwest
Lakehaven Utility District
TOT AL A V AILABLE BUDGET
BALANCE
$ 2,397,643
1,000,000
858,974
85,711
5,176
56,307
207,900
$,4,S98,S42
$lOS,902
cc: Project File
K:\lUTC\2008\02-04-08 S348th Street HOV lanes Project - Bid Award.doc 32
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COUNCIL MEETING DATE: February 19,2008
ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 10th Ave South Stonnwater Trunk Replacement Project -85% Design Review
(CIP # 304-3100-260)
POLlCY QUESTION: Should the Council authorize Surface Water Management (SWM) staff to proceed
with the design of the 10th Avenue South Stormwater Trunk Replacement Project to the 100% design
level and return for direction?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: February 4,2008
CATEGORY:
[g] Consent 0 Ordinance 0 Public Hearing
o City Council Business 0 Resolution GJ Other
~!.~~!".~.~~~!_~X:..f~.~~.~.l:l.~.~<?,h,_~.~_~.~~~g~.~~~2...._........,.._.~.~.~~.:....~~,~.li.~....V!?,r~~ .....__........_......._..__._._.
Attachments: Land Use and Transportation Committee Memo dated February 4, 2008.
Options Considered:
1. Direct SWM to design the loth Avenue South Stonnwater Trunk Replacement Project
(CIP No. 304-3100-260) to the 100% level and report back to Council for further
direction.
2. Direct staff not to proceed with design and provide direction to staff.
STAFF RECOMMENDATION: Staff commends Option 1.
CITY MANAGER ApPROVAL: 1Pff) DIRECTOR ApPROV AL: ~ ~
~ Committee Council
COMMITTEE RECOMMENDATION: LUTe recommends forwarding Option 1 to the February 19th, 2008
Council Consent Agenda for approval. .
<-..,
~-'~( -\ '
~~"'-
Linda Kochmar, hair . m Fe
/l;.~
..
Dini Duclos, Member
PROPOSED COUNCIL MOTION: HI mo' e approval of directing SWM to design the I dh Avenue South
Storm water Trunk Replacement Project to the 100% level and return to Council for further
. direction. ..
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
COUNCIL BILL #
1 ST reading
Enactment
reading
ORDINANCE #
RESOLUTION #
o T ABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED -- 02/06/2006
36
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 4, 2008
Land Use and Transportation Committee
Cary M. Roe, P.E., Assistant City Manager, C.O.O., Emergency Manager ~
Paul A. Bucich, P.E., Surface Water Manager ~
10th Ave. South Stormwater Trunk Replacement Project -85% Design Review
(CIP # 304-3100-260)
BACKGROUND:
This project, which is required to alleviate upstream flooding of Easter Lake shorelands and adjacent
structures, will expand the flow capacity of the existing undersized stormwater drainage system along
1 Oth Avenue South between the south side of the intersection with S. 308th Street and the outfall into Cold
Creek located immediately south of the intersection with S 306th Street.
Currently the project design is approximately 85% complete, which includes the following completed
tasks:
.
Topographical Survey and Mapping
Hydrological and Hydraulic Analysis
Project Design (Plans, specifications and cost estimate) to 85% level
Subsurface Utility Investigations and related design changes to minimize or avoid the need
for utility relocations.
.
.
.
Ongoing Tasks Include:
· Acquisition of Permanent Drainage Easements and Temporary Construction Easements
. SEP A Submittals
· Obtain City Community Development Director's Approval for stream channel stabilization
work, obtain HPA from WOFW and obtain city Right-of Way Permit.
PROJECT ESTIMATED EXPENDITURES:
Engineering Design
Hydraulic Modeling of Subbasin
Year 2007 Construction (Estimate)
20% Construction Contingency (@ 85% Design Level)
Ad & Award
Pavement Mitigation Fee
3% Construction Inspection & Management
TOTAL PROJECT COSTS
TOTAL A V AILABLE BUDGET
$ 59,742
$ 4,450
$ 287,805
$ 57,561
$ 2,000
$ 10,000
$ 8,634
$ 430,192
$ 430,000
cc: Project/Day File
37
COUNCIL MEETING DATE: February 19,2008
ITEM#:?%: .
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 26th Avenue SW Stormwater Trunk Replacement Project- Project Acceptance
POLICY QUESTION: Should the Council accept the 26th Avenue SW Stormwater Trunk Replacement Project
constructed by Pivetta Brothers Construction, Inc. as complete?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE:, February 4,2008
CATEGORY:
rgj Consent D Ordinance D Public Hearing
D City Council Business D Resolution D Other
~!~FF !~!'Q!!!.!!'!..:.~~~I...A:..~ll~.i~h,.f:.~:.,...~.~rf~~~.~~t.~!:M~rL.~i!!.3;PI!:..!:...,~ll.~F,~..~r~~~~...
Attachments: Land Use and Transportation Committee memo dated February 4,2008.'
Options Considered: .2L< -+/-'1
1. Authorize final acceptancevof the Avenue SW Stormwater Trunk Replacement Project constructed by
Pivetta Brothers Construction, Inc. in the amount of $673,995.76 as complete.
2. Do not authorize final acceptance of the completed 26th Avenue SW Stormwater Trunk Replacement
Project constructed by Pivetta Brothers Construction, Inc. as complete and provide direction to staff.
STAFF RECOMMENDATION: Staff recommends forwarding Option 1.
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL: M- ht<..
Committee Council
COMMITTEE RECOMMENDATION: Place Option 1 on the February 19, 2008 Council Consent Agenda for
approval.
PROPOSED COUNCIL MOTION: "I m e approval of acceptance of the 26th Avenue SW Storm water Trunk
Replacement Project constructed by Pivetta Brothers Construction, Inc. in the amount of $673,995.76 as
complete. ..
'C"
~~~
Linda Koch , Chair
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
t ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
38
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 4, 2008
Land Use and Transportation Committee
Cary M. Roe, P.E., Assistant City Manager, C.O.O., Emergency Manager tAw1.-
Paul A. Bucich, P.E., Surface Water Manage~]!.>
26th Avenue SW Stormwater Trunk Replacement Project- Project Acceptance
BACKGROUND:
Prior to release of retainage on a Public Works construction project, the City Council must accept the work as
complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The
above-referenced contract with Pivetta Brothers Construction, Inc. is complete. The final construction contract
amount is $673,995.76, which is $5,832.79 below the authorized project contract amount of $679,828.55
approved by the City Council on May 15,2007.
cc: Project File
39
.COUNCIL MEETING DATE: February 19,2008
ITEM #:5h-
. ..-....... .-- .--.-.-...-.._-_._._..-_.._..._---..--...__......__._~.-.._.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Lake Jeane/Lake Lorene Outlet Improvements Project - 100% Design Status Report and Authorization
to Bid
POLlCY QUESTlON: Should the Council authorize staff to bid the Lake Jeane/Lake Lorene Outlet Improvements
Project, and return to LUTC for bid award, further reports and authorization?
COMMITTEE: Land Use and Transportation Committee
MEETlNG DATE: February 4, 2008
CATEGORY:
[8J Consent
o City Council Business
D Ordinance
D Resolution
D Public Hearing
D Other
~!~_F.:~_~~Q~!...~.y.:R~':ll..{:\...~.'-!~!~~~~:.~:.?..~.':lr.f~~~.,,!!~tt:r...Jyl.~~~gt:r.~
DEPT: Public Works
Attachments: Land Use and Transportation Committee memo dated February 4,2008.
Options Considered:
1. Authorize staff to bid the Lake Jeane/Lake Lorene Outlet Improvements Project and return to the LUTC
to award the project to the lowest responsive, responsible bidder.
2. Do not authorize staff to bid this project and provide direction to staff.
STAFF RECOMMENDA TlON: Staff recommends forwarding Option 1.
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL: ~
Committee
f3wL
Council
COMMITTEE RECOMMENDATlON: Place Option 1 on the February 19, 2008 Council Consent Agenda for
approval.
PROPOSED COUNCIL MOTlON: HI m to authorize staff to bid the Lake Jeane/Lake Lorene Outlet
Improvements Project and return to the LUTe to award the project to the lowest responsive, responsible
bidder, "
~
Dini Duclos, Member
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED -02/06/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
40
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 4, 2008
Land Use and Transportation Committee
Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manager ~
Paul A. Bucich, P.E., Surface Water Manager ~
Lake Jeane/Lake Lorene Outlet Improvements Project - 100% Design Status Report and
Authorization to Bid
BACKGROUND:
On November 6,2007, the Council authorized Surface Water Management staff to proceed with design of
this project and return to the LUTC Committee at the 100% design completion stage for further reports
and authorization.
At Lake Jeane, this project will replace the two existing outlet structures with a new single outlet
structure, and replace the two existing undersized and failing trunk lines with a new 36-inch diameter
concrete pipe between the outlet structure and the next downstream structure, approximately 210 feet. At
Lake Lorene, this project will add a new lake outlet system to augment the existing lake outlet system.
The new system will consist of a new lake intake and a piping system approximately 450 feet to be
connected to the existing stormwater conveyance system downstream. The project design is now 100%
complete, which includes the following completed tasks:
.
Completed topographical survey and mapping
Conducted geotechnical evaluation of the site subgrade and groundwater conditions
Conducted groundwater monitoring and evaluation
Gathered existing utility information
Completed SEP A process
Obtained HP A permit from State Department of Fish and Wildlife
Obtained Director's Approval from the City's Community Development Department
Obtained City of Federal Way Right-of-Way permit
Obtained easements from Twin Lakes Golf and Country Club and from Twin Lakes HOA
Achieved project design to 100% level
.
.
.
.
.
.
.
.
.
ESTIMATED PROJECT EXPENDITURES:
Design/Survey
Year 2008 Construction (Estimate)
10% Construction Contingency
10% Construction Management
Pavement impact mitigation
Advertising and Production Costs
TOTAL PROJECT COSTS
$174,500
$584,800
$58,500
$58,500
4,500
4,000
$884,800
AVAILABLE FUNDING:
TOTAL A V AILABLE BUDGET
$945,000
cc:
Project File
Day File
41
COUNCIL MEETING DATE: February 19, 2008
ITEM #: 5 "
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Application of DOE Stonnwater Grant
POLlCY QUESTION: Should Council support the proposed expenditues of the W A State Department of Ecology
Stonnwater grant funding received in 200n
COMMlTTEE: Land Use and Transportation Committee MEETING DATE: February 4,2008
CATEGORY:
[8J Consent 0 Ordinance 0 Public Hearing
o City Council Business D Resolution D Other
~!:\!':~~~(>Q~l'. ~X: .~~Il!,~Il(;i~~,.~~~~.a~ag~fd~{ti? ...,~~.~~~.~~.?I,i~~ orks,..,___
Attachments: Land Use and Transportation Memo dated February 4,2008.
Options Considered:
I.' Approval of the itemized list of program enhancements/expansions from the February 4th, 2008
LUTC memo to be funded by the $75,000 DOE Stormwater Grant received in 2007.
2. Do not approve of the list and provide direction to staff.
ClTY MANAGER APPROVAL:
DlRECTOR ApPROVAL:
~
Committee
~
Counctl
COMMITTEE RECOMMENDATION: LUTC recommends forwarding Option 1 to the February 19th, 2008 Council
Consent Agenda for approval.
~~<~
. Linda Kochmar, Chair
aiL;~
Dini Duclos, Member
.
PROPOSED COUNClL MOTION: HI move approval of the itemized /ist of program enhancements/expansions to
befundedfrom the $75,000 DOE Storm water Grant."
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02106/2006
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
42
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 4, 2008
Land Use and Transportation Committee
Cary M. Roe, P.E., Assistant City Manager, C.O.O., Emergency Manager
Paul A. Bucich, P.E., Surface Water Manager~
Application of DOE Stormwater Grant
?rKL
BACKGROUND:
On August 7th, 2007 Council authorized Surface Water Management to accept a grant from the Washington State
Department of Ecology to assist us in implementing the new 2007 National Pollutant Discharge Elimination System
(NPDES) Permit requirements. The Grant Acceptance Intent Notice (GAIN) was submitted at the end of August and
did not require specifics on how the monies were to be spent. At that time, SWM had yet to finalize the areas of
program improvements and enhancements that would receive funding from the grant.
Since then, City staff has been compiling a list of potential program elements the $75,000 grant could be used for to
advance or enhance our NPDES Permit Phase II compliance. Please note that all grant funds are reimbursement of
expenses.
The following are program additions or enhancements S WM staff recommends be improved/enhanced within the
available funding listed in order of priority:
I) GIS/GPS mapping of existing infrastructure - To complete the mapping efforts of the City's drainage
infrastructure and correct known errors, the utility will hire three temporary employees for a period of
approximately five (5) months ($33,600) to utilize existing GPS field equipment to locate structures such as
catch basins, manholes, water quality structures, etc. This effort will allow us to correct existing problems in
our electronic databases, map existing outfalls as required by the NPDES permit, locate potential illicit
connections, and if time allows, locate and map the estimated 200 private commercial facilities not currently
in our inspection database, This effort will require hardware (2 computers for $2,400) and software purchases
(ArcGIS Desktop ArcView Level ($1,500), ArcPublisher Extension ($2,500), and GeoAdministrator
(18,000)). ($60,000)
2) Increase public education and outreach efforts - To create a series of Public Service Announcements for
Federal Way's Connections program focused on topical issues such as car washing and its impacts, Salmon
Recovery efforts by Federal Way and how it ties into regional efforts, Urban Hydrology and local impacts,
etc. ($5,000)
3) Temporary assistance for Public Education efforts - Utilize a part time employee for the busy months of
May through September to assist with existing efforts such as the Car Wash kit checkout program, the Curb
Marker program, and the Natural Yard Care program allowing us to track the effectiveness of these programs
and ability to change public behaviors, both requirements of our NPDES permit. The part time individual
would also conduct inspections to ensure proper use of the Car Wash kits on the weekends. ($6,000)
4) Purchase push camera - While the utility currently contracts for TV inspection services with a private
vendor, this has been focused primarily on inspection oflarger public storm lines for maintenance or repair
needs. Often S WM staff has a need to "see" into a private system to determine if there is an illicit connection
such as a floor drain inside a business connected to the outside drainage system or how the private drainage
system actually is connected vs. what any as-built plans indicate. This unit would be used by SWM
maintenance, inspectors, engineering, and water quality staff on a regular basis. ($4,000)
cc: Project File
43
COUNCIL MEETING DATE: February 19,2008
ITEM#: S~
. .-..... ,-,--,-"~",--",-,,,---,-,--,,--'-----"-"" _._.'~.-----''''--'
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Evidence Building Generator Bid Award and Installation Bid Rejection
POUCY QUESTION: Should the Council award the Evidence Building Generator Purchase to the lowest
responsive, responsible bidder and reject the bid for the Evidence Building Generator Installation?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: February 4,2008
CATEGORY:
[8J Consent 0 Ordinance D Public Hearing
D City Council Business D Resolution [8J Other
STAFF REpORT By: Ken Miller, P.E., Deputy Public Works Director DEPT: Public Works
_,_..__.___.____.______~_t~~~.!l<~!~,_~~!!s>.(l!l:~.~a.:~i!~!~__M~na,g~~_______._____.___.__._ . _._ __._ om, ____ om' _ _._ _. _ _ _ _._.
Attachments: Land Use and Transportation Committee memorandum dated February 4,2008.
Options Considered:
I. Award the Evidence Building Generator Purchase to Cummins Northwest, the lowest responsive,
responsible bidder, in the amount of Thirty-Three Thousand Fifty-Eight and no/100 Dollars ($33,058)
plus state sales tax and reject the Generator Installation bid by Fuller Electric, re-bidding this work using
the small works roster prior to the arrival of the generator.
2. Reject all bids for both the Evidence Building Generator Purchase and the Generator Installation, re-bid
both items and return to Committee for further action.
3. Do not award the Evidence Building Generator Purchase to the lowest responsive, responsible bidder,
reject the bid for the Generator Installation and provide direction to staff.
STAFF RECOMMENDATION: Staff recommends Option 1.
CITY MANAGER APPR~V AL: /Yif(f) DIRECTOR ApPROVAL:
~
tAlI\..
Committee
M
Council
COMMITTEE RECOMMENDATION: Forward staff recommendation for Option I to the February 19, 2008 City
Council Consent Agenda for approvaL
/A<~
Dini Duclos, Member
PROPOSED COUNCIL MOTION: HI move! arding the Evidence Building Generator Purchase to Cummins
Northwest, the lowest responsive, responsible bidder, in the amount of Thirty- Three Thousand Fifty-Eight and
no/lOO Dollars ($33,058) plus state sales tax and rejecting the Generator Installation bid by Fuller Electric,
re-bidding this work using the small works roster prior to the arrival of the generator. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFlCE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED -- 02/06/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
44
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 4, 2008
Land Use and Transportation Committee
Cary M. Roe, P. E., Assistant City Manager, Chief Operations Officer, Emergency Manager ~
Ken Miller, P.E., Deputy Public Works Director \/J^
Steve Ikerd, Parks and Facilities Manager
Evidence Building Generator Bid Award and Installation Bid Rejection
BACKGROUND
At the July 17, 2007 City Council meeting, the Council approved the purchase of additional emergency
equipment to assist the City in providing services to our citizens and businesses during emergency
conditions. This included the purchasing and installation of an emergency generator for the evidence
building.
Three (3) bids were received and opened on January 8,2008 for the Evidence Building Generator and one (1)
bid for the installation. See Bid Tabulation below. The lowest responsive, responsible bidder for the
generator is Cummins Northwest with a bid of $33,058.00. There was only one bid of $15,400.00
\ received for the generator installation and wiring from Fuller Electric.
Reference checks on Cummins Northwest by City staff indicates that the contractor has performed
similar work in the past, including the installation of the existing City Hall generator. Therefore staff
recommends awarding the evidence building standby generator to Cummins Northwest, the lowest
responsive, responsible bidder in the amount of $33,058.00 plus state sales tax. Staff also recommends
rejecting the Fuller Electric bid for the generator installation and rebid this work using the small works
roster prior to the arrival of the generator.
BIDS RECEIVED:
Cummins Northwest (Generator)
Tacoma Diesel (Generator)
Pacific Power & Generation (Generator)
$ 33,OS8*
$ 33,689*
$ 35,000*
Install Only:
Fuller Electric
* PLUS STATE SALES TAX
$ 15,400*
cc: Project File
K:\lUTC\2008\02-Q4-08 Evidence Building Generator - Bid Award.doc 45
COUNCIL MEETING DATE: ~t:ie5'
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: HISTORICAL STREET NAME SIGNS
POUCY QUESTION: Should the City approve the template for historical street name signs and assume
maintenance costs for their replacement?
COMMITTEE: Land Useffransportation
MEETING DATE: February 4, 2008
CATEGORY:
t8] Consent
D City Council Business
D Ordinance
D Resolution
D Public Hearing
o Other
~!~!~!E~Q~!.~.'!..~.I_~,i~~_~~~.~.~'....~.:~.:.'....~.i!y!~.~ff~~~~gi!1~~~.._,__ .,._.._.......__._.~~~.~~..~~?li:.~~.~~~......
Attachments:
I. Staff report with exhibits to the LUTC dated February 4, 2008.
Options Considered:
1. Approve the Historical Society's preferred alternative design and assume maintenance costs.
2. Select a different alternative design
3. Do not assume sign replacement costs.
STAFF RECOMMENDATION: Staff
DIRECTOR ApPROVAL: {}111{
Committee
fYV\
Council "
CITY MANAGER ApPROVAL:
COMMITTEE RECOMMENDATION: Forward staff recommendation for Option 1 to the February 19, 2008
City Council Consent Agenda.
iL.~~
Dini Duclos, Member
PROPOSED COUNCIL MOTION: HI move' approval of the staff recommendation adopting the Historical
Society's template for historical street name signs and having the City maintain these signs. "
l
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BlLL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
46
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 4, 2008
City Council
Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manager ~
Rick Perez, P.E., City Traffic Engineer !fO
Historical Street Name Signs
BACKGROUND:
The Historical Society of Federal Way requested financial support in the 2007/2008 budget for street
signage identifying the historical street names in Federal Way. This is consistent with one of the goals of
the Growth Management Act, as RCW 36.70A.020(13) reads: "Identify and encourage the preservation
of lands, sites, and structures, that have historical or archaeological significance." The adopted budget
provided $5000 towards that effort
Staff has been working with the Historical Society to define the scope of this effort and associated costs,
and develop a sign template. The Historical Society has chosen to focus its efforts on overhead street
name signs at signalized intersections to maximize visibility of historical street names to the public. The
streets with historical street names are shown in Figure L
The Historical Society has selected their preferred design template for these signs:
l
HISTORICAL NAME MEREDITH ROAD
The following pages show all alternatives considered.
This sign template would replace existing signs, regardless of age. The cost of fabricating a completely
new sign ($175) is far outweighed by the additional cost of labor and a bucket truck to removing the
existing sign, bolting a new sign to the existing sign, and reinstalling the .two signs ($275). The total cost
per sign is roughly $400, so the allotted budget would fund 12 signs. Maintenance and replacement costs
would be assumed within the City's sign maintenance budget.
One caveat is that brown sign sheeting has a shorter life than green sheeting as it fades more rapidly from
exposure to sunlight. Consequently, these signs will have a life of3-5 years, compared to 7-10 years for a
normal street name sign.
Staff proposes to continue working with the Historical Society to prioritize sign locations to within the
budget, and thereafter would install the historical street name signs as existing street name signs are
replaced. It should be noted that the Federal Highway Administration has adopted new reflectivity
47
February 4, 2008
Land Use and Transportation Committee
Historical Street Name Signs
Page 2
standards for roadway signing; thus sign maintenance budgets may need to increase in the future as signs
may need to be replaced more frequently.
I MU(pfly's Co."IWlf
N. . ~::;f (S.2nndSU
1t (R.donclo) '/
/ Ep.orth
HeigCrts
..... ... ... / ~~s Mllledifflll~
. \ IS lJ8thl
800Qfli \..,
. .:.-----
----~
r--'
~,,-,~~
,,/ ."...,.it ~ts),
9'~.
~..<1!<
.:.
..
x:;
..
i
..
e..
(S. 31lthl
Cole's
COrlMf
:I!
..;
...
::;
c:
at
,..
""
Webb eelller
(5; U8tb SI.)
~ ..
3~
a:
=
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4:
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:r:
Brooklakll
Comllluflitr
...
fa
o
cc
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E
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..
'7
~
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..: Kills, Kit's
or Kilt's.
C4met
lakehmln
CllnImVaily
Mtl~Rd.
!S. ~ttlS..1
Wllo RQ~ (S. jjst'1j
"
"
"
"
./01' !l.W$f!l.tTlOti It lU HnCll
Figure 1- Historical Street Names in Federal Way
cc: Project File
Day File
K:-'.l ,() rC-200k-n2.U4,J,i~ Hi:~!.\.jri\.:al Strt;'.:.~iN~!lnt ~':l~:h.dc>l..'
48
February 4,2008
Land Use and Transportation Committee
Historical Street Name Signs
Page J
.-.____.______._.......____........_._... __.. __ ____..__n.______.___...._...___._ _ 0"." _..' ____~___.____._..____...____________,..,_._,._..__._,.______.. ...._.. ..... __..____.0'____
I
I
\
i
1
i
HISTORICAL NAME MEREDITH ROAD
I
I
I
I
I
I
I
I
I
~
HISTORICAL SOCIETY MEREDITH ROAD
HISTORICAL NAME MEREDITH ROAD
49
February 4,2008
Land Use and Transportation Committee
Historical Street Name Signs
Page 4
I
I
I
I
HISJ~~liAL MEREDITH ROAD H'~~g~FL
---------"---"------._--------------_._--~._.._._._------- -. .... ----_.~--_._._'_.._--~.._,_._--------_.._---_.._--,-~-----..-..-...---....---..--.---.-.-.-----------
~
2... HISTORICAL NAME .....Q..~
'-:0 MEREDITH ROAD ~,>>..,
_._---_._--_._-------------_._-------~..._..------_._-_._-_..,---._,.__...._.~-, .,._--------~-_._--,.~_.,------,_.- ... --- ...--.---.'-"--
,~ HISJ2~I~AL MEREDITH ROAD ~
._________________...........____n_____..__..___..___.___.__________...__.______._._....__ ,_.,._ ..__ _________.____...'._.._.._____..______.____...__"..___,____..-____n.._.' ".__".,.'__.__m __.._.._._..__._____
___.__.._-._..___u___._____.____.._..._..___...______...__".__....__..._.__. .n.....n_. _no. _ ___,,_-.___ . _.. ..__n_...__.... ..._...._________.._____________ .'___n__..___.._..___........_.._ .n_"_
,
,
I
I
I
~
HISTORICAL NAME MEREDITH ROAD
50
too.-
A Federal Way
Parks and Facilities Division
Date:
To:
From:
Subject:
February 14, 2008
City Council
Stephen Ikerd, Parks & Facilities Manager
Staff Report
s-:t:-
Following the Council Committee meeting on Feb 12, 2008 we determined that the amendment
recommended to the committee exceeded the Small Work Roster limit. The recommended
solution is to back out the generator installation estimate for $87,000 and reduce the contingency.
The generator installation was added in at the last minute after receiving only one bid that was
much higher then anticipated. This revision will change the amendment amount from $229,000 to
$134,000, resulting in a total contract amount of $164,000 over the 3 year term. We will bid the
generator installation separately in the near future and return to the Council for approval to enter
into a contract with the successful bidder.
Amaya Electric has been performing electrical services to Park and City facilities sites under the
current contract for the past two years. This request is to extend the contract one more year and
increase the compensation for the additional scope of services. This company has been
performing well and their price and service will not change. The total amount of compensation
for this amendment is $134,000 for a one year term. '
Approved funding sources:
$50,000 - 2008 Carry forward for wire theft
32,000 - CIP Major Maintenance
10,000 - Building modifications and improvements
30,000 - Regular Park and Facilities account
12,200 - 10% contingency for unforeseen issues from the above list.
$134,000
Scope of services:
The increase from the original contract is needed for general trouble shooting and repairs
which were significantly undervalued in the prior contract including unexpected special
projects which were discovered to be significantly greater then the normal contract scope,
specifically; sports field bulb and ballast replacement and repairs, installation of new
circuits and equipment, Safe City camera power, and support to a HV AC improvement
project. This contract amendment includes $50,000 in contingency for unexpected labor
and material cost due to current wire theft and to protect against the high cost of any
future wire theft. A general 10% contingency of $12,200 is added to cover any other
unexpected cost during this extension.
PROPOSED COUNCIL MOTION: "[ move approval to amend the term of the contract for an additional year
and compensation in the amount of$134,000 and authorize the execution of the amended contract"
51
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
52
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
COUNCIL MEETING DATE: February 19, 2008
ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: FIRST AMENDMENT FOR ELECTRICAL SERVICES
POLICY QUESTION: Should the Council authorize a first amendment to the electrical services contract
with Amaya Electric?
COMMITTEE: PRHSPSC
MEETING DATE: Feb 12,2008
CATEGORY:
[8J Consent
Xt ,City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REpORT By: STEPHEN IKERD DEPT: Parks
_._--_._._~---_._.._...._--_..._.._-_......_--_....._---_.--~---_._--_._---_....._._-_._._.....__._......._..__._-_...........--.--...........--........--.............---.---................-...-.---......-...........................-..--.------.--.-...-.--......---.-.----.......--........-
Amaya Electric has been under contract to perform electrical services to Park and City facilities sites for the past
year. This request is to extend the contract one more year, as this company has been performing well and their
price and service will not change. The total amount of compensation for this amendment is $229,000 for a one
year term.
The funding source for the term is identified in the following approved accounts:
$50,000 - Approved 2008 Carry forward for wire theft
32,000 - Major Maintenance funding for ball field lighting repairs and addition of a camera site
10,000 - HV AC Improvement for City Hall
30,000 - Regular Park and Facilities repair and maintenance budget
87,000 - Emergency Equipment, funds to connect two Generators @ Police Storage & FW Community Center
20,000 - Contingency addition for inflation and unforeseen issues from the above list.
$229,000
Attachments: None
Options Considered: NA
STAFF RECOMMENDATION: Staff recommends amending the term of the contract for an additional year.
CITY MANAGER ApPROVAL:
~
DIRECTOR ApPROVAL:
Committee Council
COMMITTEE RECOMMENDATION:
e...
~//
ber ~.
PROPOSED COUNCIL MOTION: HI mov
and authorize execution of the amendment"
'Proval to amend the term of the contract for an additional year
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDfDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
53
COUNCIL BILL # .
1 S1 reading
Enactment reading
ORDINANCE #
RESOLUTION #
COUNCIL MEETING DATE: February 19th, 2008
ITEM #: f.e b
,"._ m......_._......................._......................__......._..__ _........._..._........___ __
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: A Resolution pertaining to the City's Proposed Federal Legislative Agenda.
POLICY QUESTION: SHOULD THE CITY COUNCIL ADOPT A RESOLUTION OUTLINING THE CITY'S FEDERAL
LEGISLATIVE AGENDA?
COMMITTEE:
MEETING DATE:
CATEGORY:
o Consent
[8J City Council Business
D Ordinance
[gI Resolution
D
D
Public Hearing
Other
~:r AFF RE.~QI.!.!' B~:__J;-'!~Q!- F~.~.'3:.?.~_<?~:~g2Y~! A!!':~~~~M;~~~g~~......_~EP~~.~i_~..~~~~.:,~___..______..._____
Attachments: Staff Report, Federal Legislative Agenda.
Options Considered: I. Recommend approval of the Resolution.
2. Modify the proposed Resolution and approve it.
3. Do not approve the proposed Resolution.
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER ApPROVAL: IJ fA
Co~ltee
DIRECTOR ApPROVAL: ~ltee
i-:r
Council
COMMITTEE RECOMMENDATION:
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: HI move approval of the Resolution outlining the City's Federal Legislative
Agenda. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
54
A2enda Item 6b - Resolution: Federal Le2islative A2enda
Material will be provided at the February 19,2008 Council Meeting
55
COUNCIL MEETING DATE: February 19, 2008
ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: A Proposed Amendment to the Aggressive Begging Ordinance
POLICY QUESTION: SHOULD THE CITY COUNCIL ENACT AN ORDINANCE AMENDING THE AGGRESSIVE
BEGGING ORDINANCE EXPANDING, CLARIFYING, AND PROVIDING RESTRICTIONS BASED ON TYPE OF AREA?
COMMITTEE: N/A
MEETING DATE:
CATEGORY:
o Consent
X City Council Business
STAFF REPORT By: AARON
[g] Ordinance
D Resolution
DEPUTY CITY ATTORNEY
D
D
Public Hearing
Other
DEPT: Law
At the February 5, 2008, City Council meeting Council requested alternate language for the proposed amendment to
aggressive begging in three areas: (I) false or misleading information; (2) impeding traffic: and (3) civil infraction v.
misdemeanor. Attached is a table showing the current law in Federal Way City Code 6-188 and the proposed amendment to
FWCC 6-188, with an alternative regarding impeding traffic. In regards to decriminalizing aggressive begging, the attached
Staff Report addresses the issue.
Attachments: The proposed ordinance amending FWCC 6-188 with the December staff report.
Table comparing current law with the proposed amendment.
Options Considered: 1. Recommend approval of the proposed ordinance and enactment.
2. Recommend approval of the proposed ordin.ance with the alternate language identified
in the attached Table and enactment.
3. Do not approve any proposed amendments.
STAFF RECOMMENDATION:
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL: ~
Committee
fJfK..
Council
COMMITTEE RECOMMENDATION:
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: "I move approval of Option _ "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDffiEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDlNANCE #
RESOLUTION #
56
~
CITY OF .~
Federal Way
ST AFF REPORT
DATE:
TO:
FROM:
FEBRUARY 13TH, 2008
CITY COUNCIL
AARON WALLS, DEPUTY CITY ATTORNEY
SUBJECT: OPTIONS FOR DECRIMINALIZATION OF THE PANHANDLING ORDINANCE
Decriminalization: Council asked for options regarding the possibility of
decriminalizing all or part of the ordinance and changing the penalty to an infraction.
Current law: It is a misdemeanor for any person to engage in aggressive begging. It is
independently a crime to intentionally obstruct traffic for any unlawful reason (disorderly
conduct).
Amendment: The amendment did not contemplate a change in the penalty.
Analysis: It was somewhat unclear if Council's concern was potentially decriminalizing
aggressive begging entirely or only the portion relating to impeding traffic. Aggressive
begging, at least to the extent that it includes intimidating behavior, has been a crime in
Federal Way since 1991. The impeding traffic portion has been a crime since 2005,
It is unclear the effect of making the impeding traffic portion an infraction. Because it
will still be unlawful to engage in such begging, to the extent that impeding traffic
includes obstructing traffic it will still be a crime under the disorderly conduct provisions
of state and city law. (Note that the amendment makes it clear that intent is an element of
any aggressive begging case, unlike typical infractions such as jaywalking which does
not require intent or the actual obstruction of traffic.) It would make the enforcement of
the law towards aggressive begging more complicated and cumbersome.
Generally speaking infractions are not a good enforcement mechanism against people
who are likely to be poor and may be homeless. Without a potential criminal penalty the
police have no authority to actually cause a person to stop the behavior or leave the area.
The only sanction is a monetary penalty, Especially if the violators are homeless, there is
no effective way to enforce the monetary penalty. There is no address to send a
collections notice to and no assets for a collection agency to seize. The typical result
57
would be to simply increase the violators' debt and affect the violators' credit if the
violators do later find themselves in a better financial position.
Although actual jailing of violators would be last result, the possibility of such a sanction
gives police a way to gain compliance with the law. The strategy that Federal Way
police would employ would be to first inform and gain compliance with the law, with
citations be reserved for those that refuse to comply. Actual arrest or jail would be
reserved for those that are out of control or dangerous. Recent news articles indicate that
Tacoma's similar approach has been successful with only 11 citations issued and only
one actual arrest. However officials report that the ordinance has had a noticeable impact
on eliminating problem panhandling. The proposed Federal Way amendment does not go
as far or apply to as many situations as the Tacoma ordinance.
If Council does want. to decriminalize aggressive begging, the amendment should be
placed in Chapter IS, Traffic and Vehicles. Staff would need to review the Chapter
thoroughly and propose an amendment that would comport with the different chapter,
and therefore would recommend the entire amendment be returned to committee.
58
CURRENT CRIMES CURRENT LAW AMENDMENT
Intimidating Intimidate shall mean to "Intimidation" means words or
engage in conduct which conduct which would likely
would make a reasonable cause a reasonable person to
person fearful or feel fear bodily harm, fear damage
compelled to or loss of property, or
otherwise be coerced into
giving money or other thing of
value. Evidence of
intimidation shall include but
not be limited to:
(a) Persisting in
soliciting and closely
following or approaching a
person after the person has
made a negative response to
the begging;
(b) Using violent or
threatening gestures toward a
person;
(c) Using profane,
offensive, or abusive language
which is inherently likely to
provoke an immediate violent
reaction; and
(d) Intentionally
touching or causing physical
contact with another person
without that person's consent.
59
Using False information Not defined "False or misleading
information" includes, but is
not limited to:
( a) Stating that a
. donation is needed to meet a
specific need and either that
need does not exist, the person
either already has sufficient
funds to meet that need, or the
person does not intend to use
the funds to meet that need and
the person does not disclose
that fact;
(b) Stating that a person
is from out of town or
stranded, when that is not true;
(c) Wearing a military
uniform or other indication of
military service, while being
neither a present nor former
member of the service
indicated;
(d) Simulating a
physical disability or using
makeup or a device to simulate
a deformity; or
(e) Stating that a person
is homeless, when that is not
true.
Dangerous Not further defined. (Applies No change
to manner or location)
60
Impede traffic Not further defined. (Applies "Impede pedestrian or
to manner or location) vehicular traffic" includes, but
is not limited to, unreasonably
causing a pedestrian or vehicle
operator to take evasive action
to avoid contact by obstructing
the path of the person or
vehicle; or directing a
solicitation to, or intending to
attract the attention of, the
occupant of any vehicle
stopped or traveling on the
roadway, unless the vehicle is
legally parked.
* Alternate proposal
"Impede pedestrian or
vehicular traffic" includes, but
is not limited to, unreasonably
causing a pedestrian or vehicle
operator to take evasive action
to avoid contact by obstructing
the path of the person or
vehicle; or en2:a2:in2:.
apparently intendin2: to
en2:a2e in. an exchan2:e or
physical interaction with
directing a solicitation to, or
intending to attract the
attention of, the occupant of
any vehicle stopped or
traveling on the roadway,
unless the vehicle is legally
parked.
Exploits children Exploit children shall mean "Exploits children" means
using children in an begging while associating with
unethical, selfish, or abusive children when the funds will
manner or in any other not benefit the children or
manner that gives an unfair where the children are not
advantage. cooperating voluntarily.
Unsolicited services Not further defined No change
61
Places Not addressed except for (i) Within 15 feet of
dangerous places and places an automated teller machine
that impede traffic (A TM);
(ii) At a public
transportation stop;
(iii) On a public
transportation vehicle;
(iv) On private
property or residential
property, if the owner, tenant,
or lawful occupant has asked
the person not to beg on the
property or a sign has been
posted indicating that begging
is not allowed on the property;
(v) Places where
the begging is likely to create a
threat to the safety of persons
or property; or
(vi)Places where
the begging is likely to impede
pedestrian or vehicular traffic,
including, but not limited to,
public places adjacent to any
public roadway where the
begging is directed to, or
intended to attract the attention
of, the occupant of any vehicle
stopped or traveling on the
roadway, unless said vehicle is
legally parked.
,
62
t
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WASHINGTON,
ADDRESSING AGGRESSIVE, INTIMIDATING,
OBSTRUCTIVE, AND FRAUDULENT
PANHANDLING AND AMENDING CHAPTER 6
CRIMINAL CODE, ARTICLE VIII, CRIMES
RELATING TO PERSONS. (Amending Ordinance
Nos. 91-89, 94-214, and 05-509)
WHEREAS, the City of Federal Way previously adopted an aggressive begging
ordinance;
WHEREAS, additional and more comprehensive regulations would help protect
persons from threatening, intimidating, fraudulent, dangerous, or harassing behavior;
keep public places safe and attractive for use by all members of the community; maintain
and preserve public places where all of the community can interact in a peaceful manner;
provide for the free flow of pedestrian and vehicular traffic on the streets and sidewalks
in the City, promote tourism and business, and preserve the quality of urban life;
WHEREAS, the City finds that more specific requirements regarding begging
furthers the health and safety of citizens, specifically by recognizing the inherently
threatening nature of certain encounters in public places based either on the manner or
location of these interactions, especially locations where persons it is difficult to leave
from or where money is dispensed; the inherent negative impact on traffic from certain
encounters in public places based either on the manner or location of these interactions;
and the need to protect citizens from inherently coercive nature of certain encounters in
public places based on the fraudulent manner of these interactions; and by protecting
ORD#
, PAGE 1
63
children; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DO ORDAIN AS FOLLOWS
SECTION 1. Chapter 6, Article VIII, Section 6-188, of the Federal Way City
Code shall be amended to read as follows:
6-188 Aggressive begging.
illW It is a crime for any person to intentionally engage in aggressive begging in any
public place in the city as those terms are defined by this section.
(b) As used in this section:
mfB The following definitions apply to this section:
~Aggressive begging" means shall mean:
(a) Begging while using intimidation; a. To beg with intent to intimidate another
person into gi'ling money or goods;
(b) Begging while using b. To beg with the use of false or misleading
information;
(c) Begging in a manner that creates a threat to the safety of any person or
property; c. To beg in with or to involve acti'lities that are unsafe or dangerous to any
person or property or to beg at locations or in a manner that threatens the safety of
persons or property or that impedes or threatens to impede pedestrian or vehicular traffic;
(d) Begging in a manner that impedes or threatens to impede pedestrian or
vehicular traffic;
(e) Begging d. To beg in a manner that exploits children; &f
(0 Be'gging by providing or attempting to provide services or products of
negligible value that were not requested or agreed to, while demanding or coercing
payment in return; or a.To willfully provide or deliver or attempt to provide or deli'ler
unrequested or unsolicited services or products "'lith a demand or exertion of pressure f-or
payment in return.
(g) Begging in the following places:
(i) Within 15 feet of an automated teller machine (ATM);
(ii) At a public transportation stop;
(iii) On a public transportation vehicle;
(iv) On priyate property or residential property, if the owner, tenant, or
lawful occupant has asked the person not to beg on the property or a sign has been
posted indicating that begging is not allowed on the property;
(v) Places where the begging is likely to create a threat to the safety of
persons or property; or
(vi) Places where the begging is likely to impede pedestrian or vehicular
traffic, including, but not limited to, public places adiacent to any public roadway
where the begging is directed to, or intended to attract the attention of, the
occupant of any vehicle stopped or traveling on the roadway, unless said vehicle
is legally parked.
ORD#
, PAGE 2
64
,.
~ "Beggin~" means asking Beg shall mean to ask for money or goods as a charity,
whether by words, bodily gestures, signs, or other means.
-tJ} "Exploits children'"means begging while associating with children when the
funds will not benefit the children or where the children are not cooperatin~ voluntari~.
Exploit children shall mean using children in an unethical, selfish, ;r abusi 'e manner r
in any other manner that gives an unfair ad'lantagc.
"False or misleading information" includes. but is not limited to:
(a) Stating that a donation is needed to meet a specific need and either that need
does not exist. the person either already has sufficient funds to meet that need. or the
person does not intend to use the funds to meet that need and the person does not disclose
that fact;
(b) Stating that a person is from out of town or stranded. when that is not true;
(c) Wearing a military uniform or other indication of military service. while being
neither a present nor former member of the service indicated;
(d) Simulating a physical disability or using makeup or a device to simulate a
deformity; or
(e) Stating that a person is homeless. when that is not true.
"Impede pedestrian or vehicular traffic" includes. but is not limited to.
unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid
contact by obstructing the path of the person or vehicle; or directing a solicitation to. or
intending to attract the attention of. the occupant of any vehicle stopped or traveling on
the roadway. unless the vehicle is legally parked.
~ "Intimidation" means words or conduct which would likely cause a reasonable
person to fear bodily hann. fear damage to or loss of property. or otherwise be coerced
into giving money or other thing of value. Evidence of intimidation shall include but not
be limited to:
(a) Persisting in soliciting and closely following or approaching a person after the
person has made a negative response to the begging;
(b) Usin~ violent or threatening gestures toward a person;
(c) Using profane. offensive. or abusive language which is inherently likely to
provoke an immediate violent reaction; and
(d) Intentionally touching or causing physical contact with another person without
that person's consent. Intimidate shall mean to engage in conduct 'lIhich would make a
reasonable person fearful or feel compelled.
fB "Public place" means any place that is in common use by. or expressly or
impliedly open to. the public. whether owned or operated by public or private interests.
and includes but is not limited to any street. right-of-way. parking area. sidewalk. plaza.
playground. school ground. park; cemetery. lake. stream. public conveyance. or business
establishment open to the public, Public place shall mean any road, alley, lane, parking
area, sidewalk or any place, private or otherwise, adopted to and fitted for vehicular or
pedestrian travel, that is in common use by the public ':lith the cORsent, expressed or
implied, of the O'.vner or o'.vners, and further, any public playground, school grounds,
recreation grounds, parks, parkways, park drives, park paths and rights of way open to
the use of the public.
(3) It is an affirmative defense to prosecution under this section that the person was:
(a) Requesting assistance in an immediate. emergent. and unexpected emergency
ORD#
, PAGE 3
65
situation;
(b) Requesting, arranging, or providing a lawful tow of, or emergency repairs to, a
vehicle;
(c) Otherwise authorized by a city permit; or
(d) A law enforcement officer in the performance of official duties.
(4) A person violating this section is guilty of a misdemeanor.
(Ord. No. 91-89, 9 1(9.26.030), 3-5-91; Ord. No. 94-214, S 1, 7-5-94; Ord. No. 05-509, S
1, 11-1-05)
SECTION 2. Severability. Should any section, subsection, paragraph, sentence,
clause, or phrase of this chapter, or its application to any person or situation, be declared'
unconstitutional or invalid for any reason, such decision shall not affect the validity of the
remaining portions of this chapter or its application to any other person or situation. The
City Council ofthe City of Federal Way hereby declares that it would have adopted this
chapter and each section, subsection, sentence, clauses, phrase, or portion thereof,
irrespective ofthe fact that anyone or more sections, subsections, sentences, clauses,
phrases, or portions be declared invalid or unconstitutional.
SECTION 3. Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but no limited to,
the correction of scrivener/clerical errors, references, ordinance numbering,
section/subsection numbers and any references thereto.
SECTION 4. Ratification. Any act consistent with the authority and prior to the
effective date ofthis ordinance is hereby ratified and affirmed.
ORD#
, PAGE 4
66
SECTION 5. Effective Date. This ordinance shall take effect and be in force
five (5) days from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
,200_.
day of
CITY OF FEDERAL WAY
MA YOR JACK DOVEY
ATTEST:
CITY CLERK, LAURA HATHAWAY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
ORD#
, PAGE 5
67
~
CITY OF . ... .
Federal Way
-.----.-'"--."-.-.---.-..-,-.-,-.-------,--.--~-.....--.-~--.-'---'---~---.---~--,--_._-"-.--.-.-------__________...__._..___.___._...__.__m_._.____.__.__,___.___.________.___._____
---.------.--.~-_...-.-- .--..--.-.....--....--.....---.-----------.......--...-.-.-.---------.'.------.-------------.-___.__.._____..___ _...__..._..__._.__.._n____.__m_._.___.._...._..._.._._..._____________.___._..
ST AFF REPORT
DATE:
TO:
FROM:
DECEMBER 19TH, 2007
P ARKS, RECREATION, HUMAN SERVICES & POLICE COMMITIEE
AARON WALLS, DEPUTY CITY ATTORNEY
SUBJECT: AN AMENDMENT TO THE AGGRESSIVE BEGGING ORDINANCE.
Panhandling is constitutionally protected but cities may regulate the time, place, and manner of
panhandling. Valid laws focus on the context and method of the begging, especially on the level of threat
that is perceived and the intent of the panhandler. When regulating panhandling it should be remembered
that it is difficult to distinguish panhandling from solicitations for recognized legitimate charities, both
legally and factually. Restrictions must be content neutral, narrowly tailored, leave open alternative
channels of communication, and serve a significant government interest. Significant community interests
include protecting the public from harm such as intimidation, safety threats, traffic problems, or fraud.
Restrictions must also be clear as to what conduct is prohibited and their reach must be restricted.
Currently the City of Federal Way prohibits aggressive begging and also prohibits interference with
pedestrian or vehicular travel, whether from begging or otherwise. The City defines aggressive begging
as begging with intent to intimidate, using false or misleading information, in a manner that involves
dangerous activities or threatens safety, in a manner that impedes traffic, in a manner that exploits
children, or in a manner that involves unrequested services or products
The proposal would clarify the language and intent of the ordinance. The proposal would expand on its
definition of aggressive begging to specifically include more types of conduct and to restrict panhandling
in certain types of locations. Specific examples of intimidation, fraud, and impeding traffic are added to
their definitions. Intimidation is defined to explicitly include following a person after the person has
refused to give money, using violent or threatening gestures, using profane, offensive, or abusive
language, and touching or causing physical contact with another person without that person's consent.
Fraud is defined to explicitly include lying about needs, being stranded, membership in the military,
homelessness, or a disability. Impeding traffic is defined to explicitly include begging on a sidewalk to a
vehicle in a roadway. The proposal would restrict panhandling in specified types of areas such as near an
automated teller machine (A TM), at a public transportation stop, on a public transportation vehicle, on
private property where the person has been told not to beg, places where the begging is likely to create a
threat to the safety of persons or property, and places where the begging is likely to impede pedestrian or
vehicular traffic.
K:\Agenda ltem\PRPS\2008\Panhandling staff report. doc
68
COUNCIL MEETING DATE: February 19, 2008
...,.,_...,_._--~!!~-~:~
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Ming Court Preliminary Plat Modification, File Number 00-1 02793-SU
POLlCY QUESTION: Shall the City Council approve a request to amend the Ming Court Preliminary Plat and
revise Condition #1 to permit site clearing and tree replacement in advance offinal plat approval?
COMMITTEE: LAND USE AND TRANSPORTATION COMMITTEE (LUTe)
CATEGORY:
[;8J Consent
MEETING DATE: Feb 4, 2008
o City Council Business
D Ordinance
l8] Resolution
D
D
Public Hearing
Other
~!~~~ .g_~~9.l{! .~~:..I?~_~_~~~~..~!..~~~[.c?_~.~~~!'l!:'~~__.....__....._
DEPT: CDS
Attachments: Draft Resolution, and January 30, 2008 memorandum, with attachments to City Council
!:a.r:t~.Y~~!Ira.[l~l?~Et~~i~[l.S;~~i!!.ee.._,__.__.._...______________._______._._._.__.._.___._._..._.__,__._.__.______._..__.
STAFF RECOMMENDATION: Staff recommends that the Land Use and Transportation Committee (LUTe) forward to the
City Council a recommendation to approve a requested modification to the Ming Court Preliminary Plat Condition #1.
CITY MANAGER ApPROVAL
Council
DIRECTOR ApPROVAL: ~
Committee
6g,f
Council
CPMMITTEE RESP.ONSE: LMOYETO -foo.{)o.q)..s-hdf Op-hon :2..- +0 +110 Fc0n.f...tL'!J iq, ;leX))1
Cd'L) (OLU1 [11 COns 01.J' Ajend tl -fy- (l..fpT1.\ vtU',
~ 'IT W/..O I/V -H UL1- mod/Fr C fl> thL
. Ctr e n75 of h tL-f a. -om lincu Wr+t1
C<..pp,;rv~/-?& Orf.-. .1)1-1(hti~ ,pitt:/; a.V!-l f'.Ul.tutt/ fho' tt-ppLiccu.\:f -Iv tJcrn::hn/,1..c/ piA4- ckA/d()~J
\l\d/-l1 -ft, e. -(}K is T1 n~ CoWffLI fi OYl S. " ... ()
J (BELOW TO BE COMPLETED BYClTYCLERKS OFFICEj .
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
--
~ il4~~_
Committee Member
COUNCIL BR.L #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
Doc. 1.0. 43911
69
~
CITY OF "..~
Federal Way
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
TO: Linda Kochmar, Chairperson
Land Use and Transportation Committee
FROM: Greg Fewins, Director of Community Developme k ervices
Deb Barker, Senior Planner ~ je
VIA: Cary M Roe, P.E., Assistant City Manager, Public Works Director ~
MEMORANDUM
RE: Modification to Ming Court Preliminary Plat Condition #1
File #OO-102793-SU, 07-103195-00-AD
DATE: January 30, 2008
I. STAFF RECOMMENDATION
Staff recommends that the Land Use and Transportation Committee (LUTe) forward to the City
Council a recommendation to approve the Ming Court Preliminary Plat Condition #1, modified as
follows:
#1: "Clearing limits for the construction of the plat improvements (roads, pond, and utilities)
shall be generally consistent with the clearing limits depicted on the Conceptual Drainage
Plan of Ming Court, plan page Cl.O, dated March 19,2004, and prepared by Sitts and
Hill Engineers, Inc. (Exhibit A). The clearing limits on the plan sheet referenced above
are the approximate clearing limits necessary for roads, utilities, and pond. The olearing
and grading limits on the approved plan may be modified '::ith the appro.tal of the
Cemnnmity Deyelopment and Publie V/orks Departments during final engineering plan
review as required to r-efleet oRanges in road and utility designs, if any. Prior to final plat
approval the developer may clear all vegetation from all building lots. provided that prior
to commencement of any clearing activity. the applicant shall submit the followin~ items
to the City for review and approval: 0) an erosion and sedimentation control plan
consistent with KCSWDM Appendix D for the newly disturbed areas to demonstrate site
stabilization: (2) a written commitment to make every effort to commence house
construction activity within 90 calendar dayS of receiving final plat approval: (3) to
reflect the applicant's desire to retain significant trees on the subiect site. an arborists
report prepared to recommend what can be done to maximize the survival of retained
significant trees and denotes specific tree protection methods. which shall also be
depicted on the erosion control plan; and (4) a professionally prepared planting plan that
depicts fourteen (4) replacement trees. sized in accordance with FWCC replacement tree
standards. planted on lots depicted on the Ming Court Significant Tree
Removal/Replacement plan prepared by Norris Homes. "I
I This underline and strikeout fonnat depicts the text of the existing condition, the text proposed to be eliminated and the text
proposed to be added.
70
II. SUMMARY OF PROPOSAL
The developer has proposed a modification to the Ming Court Preliminary Plat Condition #1,
originally approved on March 15, 2005, by the Federal Way City Council (Exhibit J). The condition
is proposed to be modified in order to change the clearing limits of the approved preliminary plat so
that the applicant can remove existing vegetation from lots I through 15 prior to issuance of building
permits for new houses, and prior to final plat approval. This includes removing many if not all of
significant trees from lots 7, 8,9, 10 and 11; tree retention as appropriate; removal of all other
nonsignificant trees and vegetation from lots 1 through IS; and mitigation of the removed significant
trees with fourteen replacement trees to be located on lots 1, 2, 3, 4, 5, 10 and 15 (Exhibit 2).
III. BACKGROUND
Preliminary plat conditions of approval for Ming Court Preliminary Plat included Condition #1
which states:
1. Clearing limits for the construction of the plat improvements (roads, pond, and utilities) shall
be generally consistent with the clearing limits depicted on the Conceptual Drainage Plan of
Ming Court, plan page CI.O, dated March 19, 2004, and prepared by Sitts and Hill Engineers,
Inc. (Exhibit A). The clearing limits on the plan sheet referenced above are the approximate
clearing limits necessary for roads, utilities, and pond. The clearing and grading limits on the
approved plan may be modified with the approval of the Community Development and Public
Works Departments duringfinal engineering plan review as required to reflect changes in road
and utility designs, if any.
The Sitts and Hill plan depicts clearing only for construction of roadways, utility connections, and
storm drainage facilities, and all other vegetation including significant trees is to remain undisturbed
on the majority of the future building lots. As provided for in Federal Way City Code (FWCC)
Section 20-1 79(b ), preservation of significant trees shall apply solely to the development of each
single-family lot at the time a building permit is applied for. These clearing limits were accurately
represented on engineering plans approved by the City in advance of infrastructure construction
activities.
The developer of the Ming Court plat, Norris Homes, seeks to change the clearing limits and remove
vegetation from all lots in the plat in advance of issuance of residential building permits. This
includes removing most ifnot all of significant trees from lots 7, 8,9, 10 and 11; tree retention as
appropriate; removal of all other nonsignificant trees and vegetation from lots 1 through 15; and
mitigation of the removed significant trees with fourteen replacement trees to be planted on lots I, 2,
3,4,5, 10 and 15. This clearing exceeds the scope of clearing permitted under condition #1 of
preliminary plat approval as the clearing requested in advance of building permit issuance is not
related to any changes in road and utility design.
Norris Homes is currently installing plat infrastructure including right-of-way and storm drainage
improvements at Ming Court. As discussed in letters and e-mails (Exhibit 3), Norris Homes notes
that as the required sidewalks are installed, removal of existing vegetation behind the new sidewalk
is constrained to a specific method that limits damage to the new sidewalk, and the result is that
large significant trees must be removed via a docking method, where they are cut into smaller pieces
and removed from the site as construction debris. Norris Homes notes that the smaller logs are not
usable to the timber industry, resulting in waste, and they wish to remove timber from significant
trees in larger usable pieces in conjunction with plat construction.
Modification to Ming Court Preliminary Plat Condition #\
Land Useffransportation Committee
January 30, 2008
Page 2
71
The effect of the request is that more large trees and vegetation is removed from the subject site in
advance of the final plat and building permit processes, and the developer may save development
costs.
Staff brought the initial request before the January 14, 2008 LUTC, to seek direction as to how to
process the request. The LUTC directed staff to bring the formal request to the LUTC with
recommendations, send notice of the LUTC meeting to adjacent property owners, have the applicant
look for ways to retain significant trees on the subject site and eliminate risks from hazardous trees.
On January 17, 2008, the Federal Way Building Official determined that two existing cottonwood
trees located on the east side of the site were dangerous and authorized their immediate removal as
provided under FWCC Section 22-1093(9) (LSM permitted outright) (Exhibit 4).
IV. REASON FOR COUNCIL ACTION
When a plat is constructed and the final plat application is brought before the City Council, they
must ultimately find that the final plat is in substantial conformance with the preliminary plat
conditions of approval. The City Council is requested to consider the change to a condition of
preliminary plat approval in order to allow the clearing work to be done in advance of final plat
approvaL
Criteria contained in FWCC Section 20-127 also can provide a benchmark as to the significance of
the proposed modification to the condition of approval. Under FWCC Section 20-127, when the
Hearing Examiner has forwarded a recommendation on a preliminary plat application to the City
Council, the City Council may require or approve a minor modification to the preliminary plat if:
I. The change will not have the effect of increasing the residential density of the plat;
2. The change will not result in the relocation of any access point to an exterior street from
the plat;
3. The change will not result in any loss of open space area or buffering provided in the plat;
and
4. The City determines that the change will not increase any adverse impacts or undesirable
effects of the project and that the change does not significantly alter the project.
Although these criteria no longer apply to the current proposal since the preliminary plat has already
been approved, the criteria do provide factors for the City Council to consider regarding whether any
requested modifications are major or minor, and ultimately whether the final plat would be in
substantial conformance with the approved preliminary plat.
v. FlNDlNGS AND CONCLUSIONS
1. FWCC Section 20-179 only allows plat construction to include clearing and grading for
approved infrastructure (e.g. streets and utilities) as depicted on the engineering plans. The
remainder of the plat is typically cleared in conjunction with home construction after building
permits are issued. The applicant proposes to clear and grade lots in conjunction with
installation of plat infrastructure. If approved as requested, this will result in more initial
clearing and grading than is permitted based on condi~ions of approval for preliminary plat. The
currently approved preliminary plat only allows clearing and grading for the plat infrastructure
and limited areas of clearing and grading beyond the right-of-ways and utility corridors.
Modification to Ming Court Preliminary Plat Condition #\
Land Useffransportation Committee
January 30, 2008
Page 3
72
2. Removal of large trees in one piece allows the trees to be reused by the timber industry and not
relegated to waste. Significant trees are found on five of the fifteen building lots; four of the
fifteen lots have been fully cleared with installation of storm drainage connections and
approved stockpiling; all other vegetation consists of nonsignificant trees, laurel and salal
shrubs, and blackberry brambles. While condensing vegetation removal and site earthwork into
one phase ahead of building permit issuance will result in more initial visual impact at the site
than would result from upholding the conditions of preliminary plat approval, conducting the
clearing and grading into one phase in advance of building permit issuance will result in less
construction impacts to the surrounding streets, as fewer vehicle trips will be needed, and the
bulk of the earthwork can be conducted during the clearing.
3. The applicant has indicated a desire to retain several significant trees on and around lots 7 and
8. A January 25, 2008 letter from Norris Homes, states that while they proposed to retain as
many significant trees as they possibly can, "there are other unforeseen circumstances that can
come up and these trees can potentially be damaged. We will do everything we can to save
them, but cannot commit absolutely." (Exhibit 4.) Trees proposed for retention appear to be
located along proposed property lines. City staff notes that there are two clusters of large
significant trees remaining at the site. These trees are very tall, approximately 50 to 80 feet in
height. Generally, the trunks are devoid of vegetation except for the crown as a result of the
dense forested growing conditions. When the supporting significant trees are removed, the
remaining trees may no longer be protected from prevailing winds and may be more affected by
weather forces. To date, a professional analysis to support or refute retention of these particular
trees has not been prepared. In order to ensure that hazardous tree conditions are not created
and based on the mutual desire to retain significant trees, prior to commencement of any
clearing activity, an.arborists report shall be prepared to analyze trees at the subject site, and
submitted to the City for review and approval. This report shall include a discussion of the
significant trees at the subject site, appropriate tree protection methods and specific
recommendations to maximize the survival of any trees proposed for retention. Applicable
recommendations shall be depicted in the erosion control plan.
4. Fourteen replacement trees are to be planted on building lots #1, 2,3,4,5, 10 and 15 as
depicted on the Ming Court Significant Tree RemovallReplacement plan prepared by Norris
Homes, in order to meet code standards for replacement of significant trees, and in advance of
building permit issuance. These are generally different lots than those containing the removed
significant trees. Relocation of replacement significant trees throughout the plat spreads out the
replacement tree obligation, provides for more appropriate settings for replacement trees, and
still maintains replacement tree requirements of the FWCC. Replacement trees are proposed at
an approximate 2: 1 ratio, which meets and exceeds the replacement code requirement. The
FWCC calls for replacement trees to be ten feet tall for fir trees and three inch caliper for
deciduous trees. Prior to clearing of any vegetation, the applicant shall submit to the City a
professionally prepared planting plan that depicts fourteen (14) replacement trees planted as
depicted on the Ming Court Significant Tree RemovallReplacement plan prepared by Norris
Homes (Exhibit 2).
5. An erosion control plan to address the proposed vegetation removal shall be provided to the
City for review and approval. This plan shall be consistent with the standards of Appendix D of
the King County Surface Water Design Manual (KCSWDM), and shall, at a minimum, depict
the site fully covered, no more than two days after tree removal with two to three inches of
straw or, if the clearing action commences after April 1, fully hydroseeded.
Modification to Ming Court Preliminary Plat Condition #\
Land Useffransportation Committee
January 30, 2008
Page 4
73
6. To mitigate the negative aesthetics of significant tree removal, Norris Homes shall use their
best efforts to minimize the time between significant tree removal and home construction. To
this end, the applicant shall provide a written commitment to make every effort to commence
house construction activity within 90 calendar days of receiving final plat approval.
7. The recommended changes to the condition of approval for the Ming Court Preliminary Plat are
based solely on special circumstances and facts related to this particular subdivision
application, which is vested to codes currently in effect. Although the Federal Way City
Council will be revisiting the larger question of mass grading and tree removal this year,
nothing in this staff report or recommendation is intended to or shall have the effect of
preventing City staff from recommending to the City Council different tree protection or
retention provisions in the context of that larger policy discussion.
8. The modification to Condition #l of the Ming Court Preliminary Plat is subject to all applicable
codes and policies as well as all findings, conclusions, and other conditions of approval
contained in the original preliminary plat approval, City Council Resolution No. 05-442 and the
February 1,2005, Hearing Examiner's recommendation.
Conclusion: Based on findings I - 5 above, the requested modification to Ming Court Preliminary
Plat condition of approval #1 would not alter the approved preliminary plat. Further, based on
FWCC Section 20-1 27(d), the proposed modifications to the preliminary plat condition of approval
would not increase the residential density of the plat; would not result in the relocation of any access
point to an exterior street from the plat; and would not result in any loss of open space area or
buffering provided in the plat as there is no open space set aside or buffering proposed with this
project.2 The clearing proposed with the modification will temporarily increase adverse impacts or
undesirable effects of the project as significant trees would be cleared in advance of final plat
approval; however, as these trees would be removed and replaced under FWCC standards once the
building permits are issued, the modification request ultimately does not significantly alter the
project.
VI. COUNCIL OPTIONS
A draft resolution recommending that Resolution #05-442 be amended to allow the Ming Court
Preliminary Plat Condition # I to be modified is attached (Exhibit 5). After consideration of the
request, the City Council may, by action approved by a majority of the total membership, take
actions pursuant to FWCC Section 20-127(d). Following are two options for Council to take:
I. Adopt the staff recommendation finding the modification to the preliminary plat
condition #1 is in substantial compliance with the approved preliminary plat; OR
2. Find that the modification to preliminary plat condition #1 is not in substantial
compliance with the approved preliminary plat, and require the applicant to
continue plat development with the existing conditions.
2 Prior to final plat approval, the applicant will be required to make a fee in lieu of payment in order to meet FWCC open space
requirements. Also, there are no vegetative buffer requirements for this residential project as it is located adjacent to residentially
zoned property.
Modification to Ming Court Preliminary Plat Condition #1
Land Useffransportation Committee .
January 30, 2008
Page 5
74
EXHIBITS
L Reduced Scale Approved Ming Court Preliminary Plat - approved clearing limits
2. Reduced scale drawing provided by Norris Homes titled Significant Tree Removal/Replacement
Proposed Hazard Tree Clearing Limit Revisions, received date January 31,2008
3. Building Official e-mail approving removal of hazardous trees
4. Communications from Jodey Odegard with Norris Homes: Letter dated January 2, 2008 with
photographs, e-mail date January 17,2008, and letter date January 31, 2008
5. Draft City Council Resolution for the Ming Court Modified Preliminary Plat Condition
Modification to Ming Court Preliminary Plat Condition # 1
Land Useffransportation Committee
January 30, 2008
Page 6
75
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from:
To:
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Date:
Subject:
Lee Bailey
bret@norrishomessinc.com
Deb Barker
1/30/20084:39 PM
Tree removal
Follow up to site visit 1/17/08
Bret:
Mer on site investigation at the Ming Court project, 1 have dassified the two cottonwoods at the SE corner of your development as
dying and dangerous. You have my approval to remove these two cottonwood trees.
Sincerely
R. lee Bailey
Building Offidal
EXHIBIT ,
PAGE---LOF --L-
78
= t'lP~~I~
2053 Faben Drive
Mercer Island. WA 98040
Tel 206.275.1901 Fax 206.275.1910
Email infal!!norrishomesinc.com
norrishomesinc.com
January 2.2008
Ms. Deb Barker
The City of Federal Way
Department of Community Development Services
33325 8th Avenue South
PO Box 9718
Federal Way, WA 98063
Re: Ming Court Clearing Limits
Dear Ms. Barker;
Enclosed please find an exhibit and photos presenting our formal request to revise the clearing
limits associated with preliminary plat recommendation #1 of the Hearing Examiner's Decision,
dated February 1, 2005. Recommendation #1 states that a revision to the clearing limits can
be made administratively by the community development and public works department as
required to reflect changes to the roads and utility design. Because the basis of this revision is
outside of the scope of what the recommendation will allow to be handled administratively, we
are looking to council for approval of this proposed revision. .
Our proposal is to extend the clearing limits to fully clear lots #7 through #11 which include
significant trees. As well as lots #1-6 and #12-15, due to diseased and/or dead and hazardous
trees. We are proposing the removal of 41 significant trees on these lots in addition to removal
of non significant trees and understory vegetation. We propose to meet the signifICant tree
replacement ratio of 25% replacement value of significant trees removed per lot. Please refer
to the map included and labeled as exhibit A, which shows the locations of the replacement
trees. In an attempt to create a more appealing project. we are proposing to disperse the
replacement trees throughout the lots within the plat rather than the replacement trees being
clustered with multiple trees on one or two lots.
Our proposal complies with the Federal Way City Code for Significant Tree Retention of one
tree planted per four removed on a per lot basis (FWCC 22-1568(c)(1)a). While the calculation
is based on a replacement ratio of 25%, the replacement tree will be dispersed throughout the
plat in an attempt to place the trees in the best location possible.
The contractor is ready to start constructing sidewalks on this project very soon. We are
concerned that if the s.idewalks were to be installed prior to the trees being removed, in many
. EXHIBIT" (RESUBMITTED
PAGe--L~~ JAN 0 3 2008
elTY ('If:: r----~ q ,.. ','
instances we would have to "dock" the trees, meaning the trees will be cut in to smaller short
lengths, making them unusable for lumber. We will have to then dispose of them in the,
landfills, instead of putting them to use as lumber. At Norris Homes we do our best to be
environmentally conscious; and this sort of waste is not something we like to be a part of. The
most efficient way to make good use of these trees is to take them out by full truck loads in
whole logs. As you can imagine the lumber industry is far from booming right now, meaning
this motivation is not a monetary one but an environmental one.
OUf second concern, which is a more important concern, is that we have already had two
situations at Ming Court where trees have fallen onto adjacent properties. In one case the tree
damaged a large portion of fence, which we replaced for the homeowner at our expense. And
the second which took out a shed and came down very near the home. We also repaired this
shed, but are concerned that next time it could land on someone's home and possibly injure a
person. These trees in some case's are left standing without all the protection they may have
once had prior to the surrounding stronger trees being removed making way for roads and
utilities. These weaker trees are then more susceptible to strong winds knocking them down.
I have personally walked the site with the contractor who has vast experience relating to tree
hazards, and it is his recommendation as well to remove any and all tree hazards as soon as
possibl~. Most of these trees are located on lots #12 - #15, with a few scattered dead or
diseased trees dispersed throughout the site. Please see attached photos. These trees are not
merchantable as our motivation to clear these trees is a safety concern.
While we understand the intent of the code and in many cases agree with the intent, this
situation is one that we feel can not only be managed more efficiently from a project stand
point, but if approved will alleviate a possible detriment to the adjacent land owners and
community .
We appreciate the time taken to look at this situation more closely and the staff support we
have received in regard to this matter. Thank you for your time.
Si~~
Jodey Odegard
Project Coordinator/land Planner
Land Development Division
Norris Homes, Inc.
206.423.4929
Jodey@norrishomesinc.com
EXHIBIT ~
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From:
To:
Date:
Subject:
"Jodey" <jodey@norrishomesinc.com>
"'Deb Barker'" <Deb.Barker@cityoffederalway.com>
1/17/20082:38 PM
RE: Ming Court Tree Retention
In an attempt at efficiency, meaning not have to mobilize to the site twice,
we would also like to remove all the understory vegetation and non
significant trees at the same time. Thank you.
Jodey Odegard
Project Coordinator
Land Development
Norris Homes, Inc. .
Office: 206.230.0290
Fax: 206.232.0558
Cell: 206.423.4929
-----Original Message-----
From: Deb Barker [mailto:Deb.Barker@cityoffederalway.comj
Sent: Thursday, January 17,20082:00 PM
To: Jodey
Subject: Re: Ming Court Tree Retention
Jodey - Does this mean that you no longer want to request to remove
non-significant trees and vegetation from the rest of the site?
Deb
>>> "Jodey" <jodey@norrishomesinc.com> 1/17/20081:46 PM >>>
Please revise our request to remove all significant trees on Ming Ct. We
will be formally requesting to remove any significant tree which we are
unable to retain based upon individual site construction and/or constraints.
We propose to retain any tree which is possible to retain, and any
significant tree which we are unable to retain safely we will install
replacement trees per the 25% ratio when appropriate. I will be submitting
revised materials laying out our revised proposal to you by Tuesday morning
at the latest to include with your LUTC information packet. Thanks again.
Please contact me with any questions.
Jodey Odegard
Project Coordinator
82
EXHIBIT ~
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Land Development
Norris Homes. Inc.
Office: 206.230.0290
Fax: 206.232.0558
Cell: 206.423.4929
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83
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EXHI"T~
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norrishomesinc.com
2053 Faben Drive
Mercer Island. WA 98040
Tel 208.275.1901 Fax 208.275.1910
Email infoOOnorrishomesinc.com
January3f, 2008
Ms. Deb Barker
The City of Federal Way
Department of Community Development Services
33325 8th Avenue South
PO Box 9718
Federal Way, WA 98063
Re: Ming Court Clearing limits
Dear Ms. Barker;
Enclosed please find the revised exhibit which represents our request to remove and replace the
significant trees on our site including the understory shrubs and brush as well as our intent to replace
per Federal.Way City Code at a ration of 1 planted per every 4 removed, With this request we are
proposing to retain as many of the significant trees we possibly can. We will try to save any tree that will
not encroach into the building envelope, driveway, easements, utility tracts, etc. or which becomes a
hazard during construction.
. I have walked the sight and investigated this proposal extensively and have concluded that there are
". trees that seem they could be retained based on their location. These trees being~l3 } #- q ~ and
#16, as shown on the attached exhibit and individually hljhliq\UI'J however would like to stress that there
are other unforeseen circumstances that can come up and 1hese trees could potentially be damaged
during the construction. We will do everything we can to save them, but we cannot commit absolutely.
We also propose to replant the replacement trees as soon as possible after removing the necessary
trees and clearing the rest of the site. .
We appreciate the time taken to look at this situation more closely and the staff support we have
received in regard to this matter. Thank you for your time.
Sincerely,
EXHIBIT 1
PAGE c.. OF
2ffdurr~u;uf
Jodey Odegard
Project Coordinator/Land Planner
Land Development Division
Norris Homes, Inc.
206.423.4929
Jodey@norrishomesinc.com
84
o 6 -1 02 06 6
RESUBMITTED
JAN 3 1 Z008
CITY OF FEDERAL WAY
BUILDING DEPT.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING RESOLUTION
NO. OS-442 AND MODIFYING CONDITION #1 OF THE
APPROVED MING COURT PRELIMINARY PLAT, FEDERAL
WAY, FILE NO. 00-102793-00-SU.
WHEREAS, on May 12, 2000, the applicant, Mr. David Ling, applied to the City of Federal Way
for preliminary plat approval to subdivide certain real property known as Ming Court and consisting of
3.83 acres into fifteen (15) single-family residential lots located in the South 310th Place at 7th Place
South; and
WHEREAS, on October 23, 2004, a Mitigated Determination of Nonsignificance (MDNS) was
issued by the Director of Federal Way's Department of Community Development Services pursuant to the
State Environmental Policy Act (SEPA),RCW 43.21C; and
WHEREAS, pursuant to City Council Resolution 05-442, on March 15, 2005, the City Council
approved the Ming Court 15-10t preliminary plat, in compliance with Chapter 20 of the Federal Way City
Code, Chapter 58.17 RCW, and all other applicable City Codes; and
WHEREAS, the Ming Court Subdivision is currently under construction; and
WHEREAS, the new owner, Norris Homes, has requested to modify preliminary plat condition of
approval #l and modify clearing limits to remove existing vegetation from lots 1 through 15 prior to
issuance of building permits for new houses, including removal of most if not all significant trees from
lots 7,8,9, 10, and 11, removal of all other nonsignificant trees and vegetation on lots 1 through 15, and
mitigation of removed significant trees with fourteen replacement trees located on lots 1, 2, 3, 4, 5, 10 and
15; and
WHEREAS, on February 4, 2008, the City Council Land Use and Transportation Committee
(LUTe) considered the request for the modification to the preliminary plat condition of approval, and
found that changing the condition altered substantial conformance with the approved preliminary plat, and
voted to deny the applicant's request; and
85
EXHIBIT 5
PAGE-LOF -L
Res. #
, Page 1
WHEREAS, on February 19, 2008, the LUTC recommendation to deny the applicant's request
came before the Federal Way City Council and the City Council voted to grant the applicant's request to
modify condition #l of the preliminary plat approval as set forth in Resolution No. 05-442;
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. Adoption of Findings of Fact and Conclusions. The findings of fact and conclusion of
the Department of Community Development Services January 30, 2008, memorandum and
recommendation to the LUTC, are hereby adopted as the findings and conclusion of the Federal Way City
Council. Any finding deemed to be a conclusion, and-any conclusion deemed to be a finding, shall be
treated as such.
Section 2. Approval of Modification of Condition #1. Based upon the recommendation of the
Department of Community Development Services and fmdings and conclusion contained therein as
adopted by the City Council immediately above, condition #1 of the preliminary plat for Ming Court,
Federal Way File No. 00-102793-00-SU, is approved to be modified as follows:
Clearing limits for the construction of the plat improvements (roads, pond, and utilities) shall be
generally consistent with the clearing limits depicted on the Conceptual Drainage Plan of Ming
Court, plan page C1.0, dated March 19, 2004, and prepared by Sitts and Hill Engineers, Inc.
(Exhibit A). The clearing limits on the plan sheet referenced above are the approximate clearing
limits necessary for roads, utilities, and pond. The clooring and grading limits en the appfflwxi
plan may he medi.ficd wU,'1 tile afJPfflWid of the Cemmlinit), DcwJWpment and Plihtic Wey,is
Departments thtring final engineering plan r-c.'iew as r-cqliiFcd t8 r-cfkct e-hanges in read and
litiUt), designs, if any. Prior to final plat approval the developer may clear all vegetation from all
building lots. provided that prior to commencement of any clearing activity. the applicant shall
submit the following items to the City for review and approval: (1) an erosion and sedimentation
control plan consistent with KCSWDM Appendix D for the newly disturbed areas to demonstrate
site stabilization: (2) a written commitment to make every effort to commence house construction
86
EXHIBIT 5
PAGE ~ OF...-!:L
Res. #
, Page 2
activity within 90 calendar days of receiving final plat approval; (3) to reflect the applicant's
desire to retain significant trees on the subiect site, an arborists report prepared to recommend
what can be done to maximize the survival of retained significant trees and denotes specific tree
protection methods, which shall also be depicted on the erosion control plan; and (4) a
professionally prepared planting plan that depicts fourteen (14) replacement trees, sized in
accordance with FWCC replacement tree standards, planted on lots depicted on the Ming Court
Significant Tree Removal/Replacement plan prepared bv Norris Homes. ..\
and as modified, is hereby found to be in conformance with the approved preliminary
plat, and this modification is hereby approved subject to all requirements of the Federal Way City
Code and other conditions contained and referenced in City Council Resolution 05-442.
Section 3. Severability. 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 4. Ratification. Any act consistent with the authority and prior to the effective date of the
resolution is hereby ratified and affirmed.
Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make
necessary corrections to this resolution including, but not limited to, the correction of any
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references
thereto.
Section 6. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council.
I This underline and strikeout format depicts the text of the existing condition, the text proposed to be eliminated and the text
proposed to be added.
87
EXHIBIT
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OF
l.J
Rcs.#
. Page 3
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS _ DAY
OF
,2008.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK., LAURA HA THA WAY, CMC
APPROVED As To FORM:
CITY A TIORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK.:
PASSED BY THE CITY COUNCIL:
RESOLUTION No,
Res. #
, Page 4
EXHIBIT
PAGE 4
?
OF ---1-
88
COUNCIL MEETING DATE: February 19, 2008
mm~!~~~:m.G?~.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Proposed 2008 - 20 I 0 Municipal Court Clerks Collective Bargaining Agreement
POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED 2008 - 20 I 0 COLLECTIVE
BARGAINING AGREEMENT WITH THE FEDERAL WAY MUNICIP AL COURT CLERKS AND AUTHORIZE THE CITY
MANAGER TO EXECUTE SAID AGREEMENT THAT HAS BEEN RATIFIED BY THE MUNICIPAL COURT CLERKS?
COMMITTEE: Nt A
MEETING DATE:
CATEGORY:
o Consent
l:8] City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
~!~!':~~~_~2~!}!'!..:..~~T~~~~A~~~Q~~~!!y'..~!!(?'~~~Y_.__._.._....__...~,~!_~:.~~~_._,_...___.__
The Court, the City and the Federal Way Municipal Court Clerks began negotiations in December 2007 for a successor
Collective Bargaining Agreement, because the existing Agreement expired December 31, 2007. The Clerks have ratified the
Agreement.
The Agreement includes the employee benefit package that is being provided to non-represented employees. The other
highlighted areas of change in the agreement are the use of arbitrators, promotional wages, step increase based on merit of
90% or better of "meet expectations" or higher, and COLA.
The Court and the City's bargaining team recommends that Council approve the proposed 2008-2010 Agreement and
authorize the City Manager to execute the document.
Attachments: Proposed 2008-2010 Collective Bargaining Agreement with the Federal Way Municipal Court Clerks.
Options Considered:
1. Approve the 2008-2010 Collective Bargaining Agreement with the Federal Way Municipal
Court, and authorize the City Manager to execute the document.
2. Reject the proposed Agreement for the parties to continue negotiations.
STAFF RECOMMENDATION: Approve the proposed Agreement and authorize the City Manager to execute said
agreement.
CITY MANAGER ApPROVAL:
J/jA
mmittee
DIRECTOR ApPROVAL:
~i,eee
fiK.
Council
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: HI move approval of the 2008 - 2010 Collective Bargaining Agreement for the
Municipal Court Clerks and authorize the City Manager to execute said Agreement.
(BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACTION
COUNCIL BILL #
1 ST reading
Enactment reading
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
89
ORDINANCE #
RESOLUTION #
AGREEMENT
by and between
CITY OF FEDERAL WAY, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Municipal Court Clerk Employees)
January 1, 2008 through December 31,2010
TABLE OF CONTENTS
ARTICLE
SUBJECT
PAGE
ARTICLE I RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION ....,...........................1
ARTICLE II PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES ........................................ 2
ARTICLE III HOURS OF WORK.. ........ .............. ............................ ................. ......... ............................... ............. 3
ARTICLE IV OVERTIME................................................... ............................ .................:.....................................4
ARTICLE V WAGES. ..... ... ....................... ..,......................... ,............. ................ ............ ........... ...... ........ ............. 4
ARTICLE VI HOLIDAyS..... ......... .............. .... ....... ................................. ............................................. ........ ......... 5
ARTICLE VII VACATIONS ....................................................................... ............................................................ 6
ARTICLE VIII LEAVES ........... .............. ....... ......... .... ............... .... .......................... ... .......... ....... ......... .................... 6
ARTICLE IX HEALTH AND WELFARE BENEFITS .........................................................................................9
ARTICLE X DISCIPLINE... ...... .... ...... ................... .... ...................................................................... ........ ........ ..... 9
ARTICLE XI GRIEVANCE PROCEDURE.........................................................................................................10
ARTICLE XII MISCELLANEOUS .......................................................................................................................11
ARTICLE XIII MANAGEMENT RIGHTS ............................................................................................................12
ARTICLE XIV SAVINGS CLAUSE.......................................................................................................................13
ARTICLE XV DURATION......... ............ ..... .... ...... .... ......................... ......... ........... ....... .............. ................... ...... 13
APPENDIX "A" CLASSIFICATIONS AND RATES OF PA y..................,.............................................................14
90
AGREEMENT
by and between
CITY OF FEDERAL WAY, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the City of Federal Way Municipal Court Clerk Employees)
January 1, 2005 through December 31, 2007
THIS AGREEMENT is by and between the CITY OF FEDERAL WAY MUNICIPAL COURT, hereinafter referred
to as the Court, the CITY OF FEDERAL WAY, WASHINGTON, hereinafter referred to as the City, and PUBLIC,
PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated
with the International Brotherhood of Teamsters, hereinafter referred to as the Union.
The Municipal Court is the judicial branch government and the operations of the Court are separate from the
operations of other City departments. Accordingly, in this Agreement the Court is responsible for the hours,
working conditions, staffing, and discipline of the Court Clerks; and the City is responsible for the wages and
benefits of the Court Clerks.
ARTICLE I
RECOGNITION. UNION MEMBERSHIP AND PAYROLL DEDUCTION
1.1
Recognition - The Court and the City recognize the Union as the sole and exclusive collective
bargaining representative for all full-time and regular part-time court clerks within the Municipal
Court of the City of Federal Way, excluding supervisors and casual employees.
1.1.1
For the purposes of this Agreement, a "casual/temporary" employee shall be defined as an
individual employed for less than twelve hundred (1200) hours in a rolling twelve (12)
consecutive month period. In the event an individual employed as a casual/temporary employee is
employed for more than twelve hundred (1200) hours in a rolling twelve (12) consecutive month
period, the employee shall begin receiving all of the benefits set forth within the Agreement as if
he/she were a regular employee.
1.2
Union Membership - It shall be a condition of employment that each current employee covered by
this Agreement shall within thirty (30) days of the signature date of this Agreement become and
remain a member of the Union or pay an amount equivalent to the regular Union initiation fee and
monthly dues to the United Way unless another organization is agreed to by the Union and the
City. It shall also be a condition of employment that each employee covered by this Agreement
and hired on or after the signature date of this Agreement shall, within thirty (30) days of the
beginning of such employment, become and remain a member of the Union or pay an amount
equivalent to the regular Union initiation fee and monthly dues to the United Way or other
organization agreed to by the Union and the City.
1.2.1
In the event a bargaining unit employee who is not a member of the Union requests the Union to
use the grievance procedure on the employee's behalf, the Union may charge the employee for the
reasonable costs of processing the grievance, provided the Union notifies the employee of such
costs in advance.
1.3
Payroll Deduction - Upon written authorization of an employee, the City shall deduct from the
pay of such employee the monthly dues and initiation fees as certified by the Union and shall
transmit the same to the Secretary-Treasurer of the Union monthly. The City shall deduct from the
pay of an employee who elects not to join the Union the fees in-lieu of the Union initiation fee and
monthly dues and shall remit the same to the agreed upon charity monthly. The Union shall defend
2008 - 20 I 0 Agreement
City of Federal Way
Municipal Court Clerk Employees
I
91
1.4
1.5
1.6
1.7
ARTICLE II
2.1
2.2
2.2.1
the City and hold the City harmless against any claims brought against the City by an employee
arising out of the City making a good-faith effort to comply with this Section.
Union Notification - Within seven (7) days from the date of hire of a new employee, the City shall
forward to the Union the name, address and telephone number of the new employee. The City
shall promptly notify the Union of all employees leaving its employment.
Bulletin Boards - The Court shall provide suitable space for a bulletin board at the Municipal
Court. Postings by the Union on the bulletin board shall be confined to official business of the
Union; provided such notices shall not be derogatory of the Employer, its elected officials or other
personnel.
Shop Steward - The Union may appoint a shop steward for the bargaining unit. The shop steward
shall be a regular employee. The function of the shop steward shall be to meet with the Employer
concerning matters vital to the employees in the bargaining unit; provided, however, the shop
steward's role shall not interfere with the normal functioning of the Employer. Prior permission
from the employee's supervisor shall be obtained whenever a shop steward's activities during
regular work hours are involved. The shop steward or the Union shall be the only one to take up
with the Employer any alleged violation of this Agreement that reaches Step 2 of the grievance
procedure. The Union shall be the only party with the authority to appeal any grievance to Step 3
of the grievance procedure.
Union Officer Leave - An employee elected or appointed to a Union office may, upon timely
application and approval thereof by the City, be given leave of absence up to sixty-four (64) hours,
per year, to attend Union conferences or Union workshops. The leave shall be without pay and
without loss of seniority. The City reserves the right to deny the request depending upon staffing
levels and/or the adverse impact on the operations.
PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES
Probation Period - A new employee shall be subject to a twelve (12) month probation period
commencing with his most recent first date of hire in a bargaining unit position. During this
period, such employee shall be considered as being employed on trial basis, subject to immediate
dismissal at any time at the sole discretion of the Court. Discharge of an employee during his
probation period shall not be subject to the grievance procedure.
Seniority - An employee's seniority shall be defmed as that period of compensated work for the
City from the employee's most recent first day of compensated work within a position now
covered by the bargaining unit. Any time of uncompensated leave in excess of thirty-one (31)
calendar days shall be deducted from the employee's seniority.
An employee's seniority shall be broken so that no prior period of employment shall be counted
and his seniority shall cease upon:
Discharge for cause as defined in Article XI;
Voluntary quit;
Leaving the bargaining unit to accept a position with the City outside of the
bargaining unit;
Failure of the employee to notify the City or the Court of his willingness to
return to work upon recall from an indefinite layoff within ten (10) calendar
days after mailing of written notice from the City to his last known address
appearing on the City's records;
92
2008 - 20 I 0 Agreement
City of Federal Way
Municipal Court Clerk Employees
2
2.2.2
2.3
2.4
2.4.1
2.5
3.1
ARTICLE III
Layoff exceeding twenty-four (24) months; and/or
A Leave of absence exceeding six (6) months.
Each calendar year, upon the request of the Union, the City shall provide the Union with a
seniority list showing the name of each employee within the bargaining unit, his present
classification and his first date of compensated work within the bargaining unit.
Layoff - In case of a layoff, employees shall be retained on the basis of job performance. And
length of continuous service. When job performance is relatively equal, the employee with the
shortest length of continuous service shall be laid off first. Relative job performance shall be
determined on the basis of qualifications, recent job performance evaluations and current job
evaluations. Qualifications shall be determined by the knowledge, abilities and skills required for
the affected position, as stated in the classification descriptions, and the employee's ability to
perform the remaining work without further training.
Recall - In the case of recall, those employees laid off last shall be recalled first. An employee on
layoff shall keep both the City and the Union informed of the address and telephone number where
he can be contacted. When the City is unable to contact an employee who is on layoff for recall,
the Union shall be so notified. If neither the Union nor the City are able to contact the employee
within seven (7) calendar days from the time the Union is notified, the City's obligation to recall
the employee shall cease.
The City shall have no obligation to recall an employee after he has been on continuous layoff for
a period of twenty-four (24) months. Should an employee not return to work when recalled, the
City shall have no further obligation to recall him.
Job Vacancies - Opportunities for promotion within the bargaining unit shall be posted on the
work site bulletin board for not less than seven (7) calendar days, during which time employees
who have completed their probation period may apply. Posted job opportunities shall contain an
adequate description of the job duties and the rate of pay. It is the intent of the parties to provide
qualified employees with opportunities for promotion; provided however, the City shall determine
who is the best qualified person for the job.
HOURS OF WORK
3.1.l
3.2
3.3
Hours of Work - The normal work schedule for full-time employees shall consist of five (5)
consecutive days of eight (8) consecutive hours, Monday through Friday, excluding the meal
period. The core hours for the workday shall be from 8:00 A.M. to 4:30 P.M.
Notwithstanding the foregoing, changes in starting times for each employee may be made by the
Court based upon demands for service, reasonable operating needs of the Court and natural
consequences.
Flex Time - By mutual agreement between the empioyee and the Court, an employee may be
assigned a schedule other than as set forth within Section 3.1.
Rest Periods - Employees shall receive a rest period of fifteen (15) minutes on the Court's time for
each four (4) hours of working time. Rest periods shall be scheduled as near as possible to the
midpoint of each four (4) hour work period. No employee shall be required to work more than
three (3) hours without a rest period. By mutual agreement between the employee and the Court,
the rest periods may be taken at a time other than stated above.
93
2008 - 2010 Agreement
City of Federal Way
Municipal Court Clerk Employees
3
3.4
ARTICLE IV
Meal Periods - Employees shall receive a meal period of thirty (30) minutes which shall be on the
employee's own time and which shall commence no less than three (3) nor more than five (5)
hours from the beginning of the shift. By mutual agreement between the employee and the Court,
the meal period may be taken at a time other than stated above. Employees who work more than
three (3) hours longer than their normal workday may, at the option of the employee, receive an
additional unpaid meal period before or during their overtime.
OVERTIME
4.1
4.2
4.3
4.3.1
4.3.2
4.4
ARTICLE V
Overtime - "Overtime" is defined as authorized hours worked in excess of forty (40) hours in an
employee's seven-day work week or eight (8) hours per day, unless an alternate work schedule has
been established by the Court for a particular work unit or individual. "Hours worked" for
purposes of determining overtime pay shall include holidays, vacation and sick leave, but shall not
include any other time compensated but not worked. The standard "work week" consists of the
period from midnight Saturday to 11:59 P.M. the following Saturday.
Compensatory Time - An employee may request compensatory time off in lieu of overtime
payment, subject to approval and scheduling by the Court. Compensatory time shall be taken at
the rate of one and one-half (1-112) times the actual time worked. Employees shall be encouraged
to use compensatory time accrued within ninety (90) days of earning it, whenever possible. In no
event may compensatory time be accrued in excess of eighty (80) hours (i.e. 53.33 hours x 1.5 =
80 hours).
Temporary Assignment Pay - When an employee is temporarily assigned to substitute for an
absent bargaining unit employee in a higher classification, the employee shall receive five percent
(5%) above his regular rate of pay or Step A in the higher classification (whichever is greater) for
hours worked in such temporary assignment. No temporary assignment pay shall be paid for a
period of time less than five (5) working days. The added compensation shall cease when the
assignment ends.
Temporary assignment pay for assignments in which the bargaining unit employee works as a
substitute in the absence of an employee working in a non-bargaining unit position shall be
administered and compensated pursuant to applicable City policy. Any such assignment in excess
often (10) consecutive working days shall be by mutual agreement between the employee and the
City.
Unless otherwise provided herein, assignment of employees to temporary assignments in or out of
the bargaining unit and the duration of such assignments shall remain at the sole discretion of the
Court.
Non-Pyramiding - Premium or overtime pay shall not be duplicated or pyramided, unless required
by the Fair Labor Standards Act (FLSA). Premium or overtime pay shall be based on the
employee's regular straight-time rate of pay. Compensation shall not be paid more than once for
the same hours under any provision of this Article or Agreement.
5.1
WAGES
The classifications of work and monthly rates of pay for employees covered by this Agreement
shall be set forth within Appendix "A" to this Agreement which by this reference shall be
incorporated herein as if set forth in full. Should it become necessary to establish a new job
classification within the bargaining unit during the term of this Agreement, the Court may
designate a job classification title and the City may designate the salary for the classification. The
salary for any new classification in the bargaining unit shall be subject to negotiations at such time
as the salaries for the subsequent contract are negotiated, or six (6) months after the classification
is established, whichever is earlier.
94
2008 - 2010 Agreement
City of Federal Way
Municipal Court Clerk Employees
4
5.2 Payment Upon Promotion. In the event an employee is promoted, the parties agree that the
employee will be placed at Step A of the applicable range or at the step that represents at least a
5% increase.
5.3 Compensation Study. The City is undertaking a comprehensive compensation study in 2008. The
parties agree that the Court Clerks will be included in the study and that the issue of wages based
upon the study may be reopened by the end of2008 if the Union requests.
5.4 Step Increases Based Upon Merit. Step increase may be withheld or delayed for employee
performance that does not meet standards, provided that the employee's deficiencies have been
discussed and documented with the employee at least sixty (60) days in advance of the
performance evaluation date to allow the employee sufficient time to correct his/her performance
standards. Performance Standards are defined as meeting ninety percent (90%) or above of the
"meets expectations" category on the evaluation form.
ARTICLE VI HOLIDA YS
6.1 Employees shall receive the following holidays off with compensation at their regular straight-
time hourly rate of pay:
New Year's Day
Martin Luther King, Jr.'s Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day Following Thanksgiving Day
Christmas Day
6.1.1
January 1st
3rd Monday of January
3rd Monday of February
Last Monday of May
July 4th
1st Monday of September
November lith
4th Thursday of November
December 25th
Holidays shall be observed on those dates set by State law. Any holiday falling on Sunday shall be
observed on the following Monday. Any holiday falling on Saturday shall be observed on the
preceding Friday.
6.1.2
A holiday added to those set forth in this article granted to another bargaining unit of City
employees or the majority of City employees shall be provided to the bargaining unit, unless said
holiday conflicts with the Court schedule, whereupon it shall be provided as an additional floating
holiday.
6.2
If a holiday occurs while an employee is on vacation or sick leave, the holiday shall be utilized
rather than charged against the employee's accrued vacation or sick leave.
6.3
Regular employees employed as of January I and new regular employees starting employment
between January I and June 30 of each year will accrue eight (8) hours as a Floating Holiday, and
regular employees employed as of July 1 of each year will accrue eight (8) hours as a Floating
Holiday. The floating holidays must be used during the calendar year, which shall be taken at a
time agreed by the employee and the supervisor.
6.4
All full-time employees shall receive eight (8) hours of pay per holiday. Those employees whose
work schedule consists of other than an eight (8) hour work day may use accrued vacation leave or
compensatory time to supplement the holiday pay in order to receive the entire workday off with
pay. In lieu of using accrued leave for such purpose, an employee may request to work additional
hours in the same scheduled workweek, which shall be mutually agreed upon in advance between
the employee and the employee's supervisor.
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6.5 In the event the City requires an employee to work a holiday, the parties will enter into
negotiations to arrive at an agreement as to the compensation for hours worked on a holiday.
ARTICLE VII VACATIONS
7.1 Full-time employees shall accrue vacation leave at the following rate:
Initial hire through the fifth (5th)
complete year of continuous employment
Eight (8) hours per month
After five (5) full years of continuous
employment
Eleven (II) hours per month
After ten (10) full years of continuous
employment
Twelve Yz (12.5) hours per month
After fifteen (15) full years of
continuous employment
Fifteen (15) hours per month
After twenty (20) full years of
Continuous employment
Seventeen (17) hours per month
7.2 Vacation leave may be used as soon as it is accrued. Vacations shall be scheduled at such times as
the Court finds most suitable after considering the wishes of the employee and the requirements of
the department.
7.3 An employee may not carryover to each subsequent calendar year more than two hundred forty
(240) hours of vacation.
7.4 Upon the effective date of the termination of an employee's employment, such employee shall
thereupon be entitled to a sum of money equal to the employee's current straight-time hourly rate
for any accrued unused vacation leave time, which shall be paid on the employee's final paycheck,
up to two hundred forty (240) hours maximum.
ARTICLE VIII LEA VES
8.1 Sick Leave - Full-time employees shall accumulate sick leave pay at the rate of eight (8) hours per
month of service to a maximum of seven hundred twenty (720) hours. Accumulated sick leave pay
shall be paid at the employee's regular straight-time hourly rate of pay from and including the
employee's first (1 st) working day absent.
8.1.1 Sick leave benefits may be used for bona fide cases of sickness, accidents, doctor and dental
appointments of the employee, and to care for a dependent child (including step or foster) under
the age of eighteen (18) who has a health condition that requires treatment or supervision, a
spouse, domestic partner, parent, parent-in-law, or grandparent of the employee who has a serious
health condition as more particularly described in WAC 296-130.
8.1.2 If an employee exhausts his/her accrued sick leave, the employee has the option to use accrued
vacation leave or compensatory time.
8.1.3 Employees injured on the job shall not simultaneously collect sick, vacation or compensatory
leave and Worker's Compensation payments greater than the employee's regular pay. If the job
related injury or illness requires the employee to be absent from work, the time the employee is
unable to work will be charged to sick leave. At the option of the employee, when and if his sick
leave is exhausted, compensatory time or accrued vacation leave may be used. In any event, the
Employer shall pay only up to the maximum of the difference between the payment received
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8.1.4
8.1.5
8.2
8.2.1
8.2.2
8.2.3
8.3
8.3.1
8.4
under Worker's Compensation by such employee and his regular straight-time rate of
compensation that he would have received from the Employer if able to work. Such payment by
the Employer shall be limited to the period of time that such employee has accumulated paid leave
credits. The foregoing shall be accomplished by the employee "buying back" sick and vacation
leave used with the time loss money from Worker's Compensation by turning the check over to the
City. Once the employee has bought back all available sick and vacation leave, the employee shall
no longer accrue paid leave benefits and shall not be required to surrender the time loss payments
from Worker's Compensation to the City.
Sick Leave Incentive. Any non-exempt employee who has an accumulated sick leave balance of
at least 100 hours on December 31 of each year and has used 24 or fewer hours of sick leave
during that calendar year will be eligible to receive 24 hours of additional vacation accrual the
following year. A non-exempt employee whose only use of sick leave was a donation of accrued
sick leave as provided under the City's guidelines for shared leave is eligible to receive sick leave
incentive.
Up to 240 hours of accrued sick leave may be used to care for the healthy newborn within 12
months of the birth, adoption, or placement for foster care. This leave runs concurrent with
applicable Federal and State family leave law available to the employee and does not extend
available leave beyond that required by law. Approval of the schedule for using this leave is at the
sole discretion of the City.
Bereavement Leave - An employee who has a member of his immediate family taken by death
shall receive at the employee's option up to 24 regularly scheduled hours off with pay as
bereavement leave. Upon approval by the Court an additional 56 regularly scheduled hours of sick
leave may be used by the employee.
"Immediate family" shall be defined as wife, husband, domestic partner, daughter, son, mother,
father, sister, brother, aunt, uncle, mother-in-law, father-in-law, sister-in-law, brother-in-law,
grandmother, grandfather, grandchildren, and equivalent step relations.
With the Court's approval, an employee may use up to eight (8) hours of sick leave to attend the
funeral of a close friend or relative other than those set forth within Section 8.2.1.
Based on unusual circumstances, the City and/or Court may construe more broadly the definition
of immediate family to other persons living within the employee's household, or others related to
the employee by blood or marriage, or to established relationship having attributes to familial ties.
Jury Leave - The City and Court acknowledge that its employees have obligations as citizens to
serve onjuries and jury panels, and to appear in court as subpoenaed witnesses. Employees will be
provided up to 60 regularly scheduled hours leave with pay per summons to participate as jurors
or subpoenaed witnesses, unless appearing as a witness, plaintiff, or defendant against the City in
legal action. Compensation received by the employee, with the exception of mileage
reimbursements, shall be reimbursed to the City to the end that the employee shall not receive
more total compensation in the form of regular pay and compensation for jury duty than the
employee would normally receive as wages from the City. The Court shall have the right, at the
Court's expense and after consulting with the employee, to request the court to excuse the
employee from any or all jury duty if there are circumstances that would make the absence of the
employee an undue hardship on the Court or other personnel.
If an employee has sufficient time to work one-half (1/2) day or more after being dismissed from
jury duty or while waiting to be impaneled, he shall report to work that day.
Leave of Absence - Leaves of absence shall be at the discretion of the City and the Court. If
approved by the City and the Court, an employee may take a leave of absence without payor
benefits. A leave of thirty one (31) days or less shall not constitute a break in service. No seniority
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shall accrue during a leave of absence that exceeds thirty-one (31) calendar days; provided
however, seniority shall continue to accrue during Family Medical Leave under Section 8.7. Upon
expiration of a leave of thirty one (31) days or less, the employee shall be returned to his
previously held job position.
8.5
Temporary Disability Leave - Employees who are physically unable to perform the functions of
their position for medical reasons other than on the job injuries and who have exhausted all
accrued sick leave may, at the discretion of the City, be placed on temporary disability leave. A
written request for a temporary disability leave must be submitted to the department director,
along with a doctor's certification indicating the nature of the medical problem and the anticipated
length of absence. The City may request written verification from a licensed medical doctor that
the employee is physically disabled and verification of the extent of such disability and the
projected date for return to work. Temporary disability leave shall only be granted for the period
of disability and shall not exceed six (6) months. The City shall continue to pay its portion of the
employee's health and welfare benefits during such leave but the leave shall be without pay. Upon
the expiration of the temporary disability leave, the employee may request a leave of absence.
8.6
Shared Leave - Employees shall be eligible for shared leave in accordance with current City
policy.
8.7
Family and Medical Leave - For the purposes of determining the twelve (12) week leave period
provided by the Family and Medical Leave Act of 1993, such period shall run concurrent with the
employee's accrued paid leave benefits. The amount of leave available for use is based on a
rolling 12 month period.
8.7.1
Washington Family Care. Employees may use sick leave for family care purposes in accordance
with state law and the City's Employee Guidelines.
8.8
Military Leave - Employees shall be granted leave for official military duty in accordance with
applicable state and federal law.
8.9
Service Leave. Regular employees in positions not eligible for Sabbatical Leave per Employee
Guideline 8.12 will be provided a one-time accrual of 40 hours (pro-rated for regular part-time
employees) of vacation leave after each consecutive 10 year period of continuous employment (ie.
after 10 years, 20 years, 30 years, etc.).
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ARTICLE IX
HEALTH AND WELFARE BENEFITS
9.1
Medical Insurance - The City shall pay each month 100% of the premium necessary for the
purchase of employee coverage and ninety percent (90%) of the premium necessary for the
purchase of dependent coverage (excluding spouses who have other coverage available through
his/her place of employment) under the A WC Regence Blue Shield/Asuris Northwest Health PPO
insurance plan, or the same dollar amount toward the premium for the same family coverage under
the Group Health Cooperative Plan, as selected by the employee.
9.2
Dental Insurance - The City shall pay each month 100% of the premium necessary for the
purchase of employee and dependent coverage under the Association of Washington Cities Dental
Service Plan F. If the City provides orthodontia coverage for non-represented employees, the
benefit shall also be provided to the bargaining unit.
9.3
Vision Insurance - The City shall pay each month 100% of the premium necessary for the
purchase of employee and dependent coverage under the Association of Washington Cities
Western Vision Service Plan (no deductible).
9.4
Life Insurance - There shall be no reduction in the life, long-term disability, and accidental death
and dismemberment insurance benefits currently available to employees and their dependents.
9.5
Modifications - Benefit changes made by the insurer or by the A WC Benefits Trust Board outside
the control of the City shall not be prohibited.
9.6
Teamsters Pension - The bargaining unit shall have the right to divert a portion of any wage
increases provided by this Agreement to the Western Conference of Teamsters Pension Trust at
such time and in such amounts as may be determined by the bargaining unit.
9.7
Federal Way Community Center Membership. Commencing April 1, 2008, regular non-
represented employees are eligible to receive free employee membership at the Federal
Way Community Center. Employees must enroll during the designated open enrollment
period for membership effective April 1, 2008 and January 1 thereafter. Employees who
enroll are given a 3-month pass. The employee is required to use the facility at least 24
times during the 3-month period. At the end of the quarter, employees who met the use
requirement are issued a 3-month pass for the following quarter. This continues until the
end of the year, when a new enrollment is required. Employees who fail to fulfill the use
requirement during any quarter would not be issued additional 3-month passes for the
remainder of the calendar year, but would be allowed to enroll again for the following
year. Employees who have purchased passes extending into 2008 will be reimbursed on
a pro-rated basis. Employees purchasing family passes will pay the difference between
the single and family rate for any quarter in which they have an employee membership.
Community Center membership as described above is being provided on a trial basis and
may be modified or discontinued at the sole discretion of the City.
ARTICLE X
DISCIPLINE
10.1
The Court shall not discipline or discharge any post-probationary employee without just cause.
Disciplinary action shall normally be progressive in nature; provided however, the nature and
severity of the discipline will be determined on an individual basis according to the particular
circumstances. A copy of any disciplinary action set forth in Section 10.2 shall be sent to the
Union at the time it is issued to the employee.
10.2
Various disciplinary actions available may include, but not limited to, the following: verbal
warning (notation will be placed in the employee's personnel file), written warning, suspension
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10.3
10.4
10.5
ARTICLE XI
without pay, and discharge. Unless otherwise agreed, any disciplinary actions shall remain in the
employee's personnel file and given appropriate weight in subsequent personnel actions.
Discipline shall continue to be administered in accordance with Section 11.4 of the City's
Employee Guidelines as they presently exist or are hereafter amended. In the event of a conflict
between the Employee Guidelines and the provisions of the Article, the provisions of this Article
shall prevail.
When an employee is required by the Court and/or the City to attend an interview conducted by
the Court and/or City for purposes of investigating an incident which may lead to the loss of pay
or position of that employee, the Court and/or City shall advise the employee that he has the right
to be accompanied at the investigatory interview by a representative of the Union. It is recognized
that the employee may not insist that a particular Union representative be present. The foregoing
provisions shall not apply to such run-of-the-mill conversations as, for example, the giving of
instructions, training, employee evaluations or needed correction of work techniques; nor shall
they apply to meetings at which discipline is simply administered.
The Union shall have the right to appeal any disciplinary action through the grievance procedure
to determine whether the employee was properly disciplined; provided however, that appeal of any
discipline to Step 3 of the grievance procedure shall be limited to disciplinary actions by the Court
that result in loss of pay (i.e. suspension) or position (i.e. discharge) of an employee. Other forms
of discipline may be appealed through Step land 2 of the grievance procedure and the decision of
the Municipal Court Judge shall be final.
11.l
G~EVANCEPROCEDURE
11.1.l
11.1.2
11.1.3
A grievance shall be defined as a dispute pertaining to the proper application and interpretation of
"anY'and all of the provisions of this Agreement. The sole and exclusive method of processing
grievances shall be by utilizing the following procedure:
STEP I - For matters involving hours and working conditions, a grievance shall first be presented
to the employee's immediate supervisor. For matters involving wages and benefits, a grievance
shall first be presented to the Human Resources Manager. All grievances shall be presented to the
employee's immediate supervisor and the Human Resources Manager within fourteen (14)
calendar days of its occurrence, or the date the employee should have reasonably known of its
occurrence (but in no event more than 60 days), or it shall not be subject to the grievance
procedure. The Supervisor and/or Human Resources Manager shall attempt to resolve the
grievance within fourteen (14) calendar days, with a copy to the Union.
STEP 2 - If the grievance concerning hours and working conditions is not resolved at STEP I, the
grievance, in writing, may be presented to the Municipal Court Administrator by the Union, with
copies to the City Attorney and Human Resources Manager. If the grievance concerning wages
and benefits is not resolved at Step I, the grievance, in writing, may be presented to the City
Manager by the Union, with copies to the City Attorney. All written grievances shall be submitted
within fourteen (14) calendar days of the Union's receipt of the STEP 1 response. The written
grievance shall include a statement of the issue, the Section of the Agreement allegedly violated
and the remedy sought. The Municipal Court Administrator or the City Manager shall thereupon
schedule a meeting with the Union Representative for purposes of attempting to resolve the
grievance. The Municipal Court Administrator or the City Manager shall issue a written response
to the grievance within fourteen (14) calendar days after the grievance meeting.
STEP 3 - If the grievance is not resolved at STEP 2, the Union may refer the matter to a third (3rd)
neutral party who shall serve as an impartial arbitrator. In matters regarding hours and working
conditions, the notice to arbitrate shall first be made to the Municipal Court Judge within fourteen
(14) calendar days of the Union's receipt of the STEP 2 response. Following receipt of the Union's
notice to arbitrate, the Municipal Court Judge may request a meeting with the Union
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Representative to attempt to resolve the grievance prior to selecting the arbitrator. In matters
regarding wages and benefits, the notice to arbitrate shall be made upon the City Manager within
fourteen (14) calendar days of the Union's receipt of the STEP.2 response. As soon as possible
thereafter, the parties shall meet to select the arbitrator by altemately striking names from the list
of individuals set forth in Section 12.2 until only one (1) name remains. The remaining names
shall serve as the impartial arbitrator who shall conduct a hearing and issue a decision which shall
be final and binding upon all parties to the dispute.
11.2
The following list shall constitute those individuals, from which, the parties shall select an
arbitrator from Judicial Arbitration and Mediation Service (JAMS), for grievances under the terms
of the labor agreement regarding hours and working conditions:
I. Judge Patricia Aitken (King)
2. Judge Gerald Shellan (King)
3. Judge Fritz Hayes (Pierce)
4. Judge Terry Lukens (King)
5. Judge Kathleen Learned (King)
6. Judge Robert Peterson (Pierce)
7. Judge James Maddox (Kitsap)
The following shall be the list, from which, the parties shall select an arbitrator, for grievances
under the terms of the labor agreement regarding wages and benefits:
I. Gary Axon
2. Michael Beck
3. Ken Latsch
11.2.1 If any of the arbitrators are not available, a replacement shall be selected by mutual agreement of
the parties.
11.3 The arbitrator shall have no power to change, alter, detract from or add to the provisions of this
Agreement, but shall have the power only to apply and interpret the provisions of this Agreement
in reaching a decision.
11.4 Each party shall bear the expense of presenting its own case. The expense of the arbitrator shall
be borne equally by the City and the Union
ARTICLE XII MISCELLANEOUS
12.1 Gender - Wherever words denoting a specific gender are used in this Agreement, they are intended
and shall be construed so as to apply to either gender.
12.2 Benefits for Regular Part-Time Employees - Except as otherwise provided in this Agreement,
regular part-time employees shall receive holidays, vacation, leaves, and health and welfare
benefits on a pro rata basis in the same percentage as the employee's regularly scheduled hours
relate to a forty (40) hour week. For example, if a regular part-time employee normally works
twenty (20) hours per week, the employee shall receive 20/40ths, or fifty percent (50%), of the
benefits received by a full-time employee.
12.3 Labor-Management Conference Committee - The Court and the Union shall establish a Joint
Labor-Management Conference Committee which shall be comprised of participants from both
the Court and the Union. The function of the Committee shall be to meet periodically to discuss
issues of general interest and/or concern, as opposed to individual complaints, for the purpose of
establishing a harmonious working relationship between the employees, the Court and the Union.
It is not the purpose of the Committee to reopen collective bargaining negotiations or to change
the terms of this Agreement. Either the Court or the Union may request a meeting of the
Committee. The party requesting the meeting shall do so in writing listing the issues they wish to
discuss.
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12.3.1 In the event a contracting out decision by the Court or City is expected to result in the layoff of
bargaining unit member(s), the Union may address the issue(s) in advance in Labor-Management
Conference Committee pursuant to Article 12.3.
12.;4 Entire Agreement - The Agreement expressed herein in writing constitutes the entire agreement
between the parties and no oral statement shall add to or supersede any of its provisions. Anything
not covered by this Agreement shall not be construed as part of this Agreement.
12.5 Continuation of Work - The Union and its members, as individuals or as a group, will not initiate,
cause, permit, or participate in any strike, work stoppage, slowdown, or join in any strike, work
stoppage, slow down, or any other restriction of work. Employees in the bargaining unit, while
acting in the course of their employment, shall not honor any picket line established by any other
labor organization when called upon to cross such picket line in the line of duty provided,
however, that the Court will not require employees to cross a picket line when notified by the
employees of circumstances which a reasonable person would perceive as a clear, imminent threat
of violence to the employees. Disciplinary action, up to and including discharge, may be taken by
the Court against any employee or employees engaged in a violation of this Article.
12.5.1 In the event of a strike, work stoppage, slowdown, observance of a picket line, or other restriction
of work in any form, either on the basis of individual choice or collective employee conduct, the
Union will immediately upon notification attempt to secure an immediate and orderly return to
work of employees under the Union's jurisdiction.
12.5.2 Failure of an employee to return to work within twenty-four (24) hours of notice by the Union or
Employer that such failure to comply is in violation of this Article shall forfeit their right to protest
discipline or discharge through the grievance procedure.
12.6 Work Regulations. City will redistribute to bargaining unit members (I) the Confidentiality
Agreement; (2) the Municipal Court Code of Conduct; (3) the City's Code of Ethics; and (4) the
Employee Guidelines and bargaining unit members will sign as received.
12.7 Union Business. The City shall afford a reasonable amount of time for Union meetings on City
property, during breaks or lunch periods. The City reserves the right to refuse to allow the
meeting on City property when it determines that the meeting will interfere with City operations.
The Union representative and/or employees shall give the supervisor as much advance notice as
reasonably possible.
12.8 Domestic Partner. A person whom a City employee identifies as his or her domestic partner by
completing an Affidavit of Domestic Partnership will be provided the same consideration as an
employee's "spouse" for purposes of these guidelines.
ARTICLE XIII MANAGEMENT RIGHTS
13.1 Except as otherwise expressly provided in this Agreement, the Court has the right to determine
how to provide municipal services, including without limitation, the right to contract out or assign
bargaining unit work to non-bargaining unit personnel and to non-Court/City employees; to
contract out for goods and services (the Court recognizes the intrinsic value of employing regular
full-time staff); to determine and modify hours of work and work schedules; to schedule vacation
leave and other absences from work; to hire, layoff, promote, demote, train and transfer
employees; to determine and modify job designs, duties and qualifications of job classifications; to
assign work and make use of the valuable contributory service of volunteers; to manage and direct
employees; to establish and enforce reasonable rules and regulations and standards of
performance, attendance and conduct; to discipline and discharge employees; to determine the size
and composition of the workforce; to determine the methods, location, means and processes by
which work shall be accomplished; to determine and modify the services to be rendered; to
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evaluate employees; to schedule overtime work as required and most advantageous to the
Court/City; to determine safety, health and property protection measures for the Court/City; to
select and use equipment and supplies; to require medical/physical examinations as necessary to
ensure that employees are medically qualified to perform the essential functions of the job; to
build, move or modify its facilities; to take whatever actions are necessary in the event of an
emergency; and to perform all other functions not expressly limited by this Agreement.
13.2 Employee Guidelines - The City of Federal Way Policies (e.g. Employee Guidelines) and any
Municipal Court Code of Conduct shall apply to members of this bargaining unit. However, in the
event of a conflict between a provision of this Agreement and any guideline, regulation, ordinance
or rule of the City, the provision of this Agreement shall control. It is also expressly understood
that the grievance procedures in this Agreement completely replace (and are not in addition to)
any process set forth in such Federal Way Policies and completely replace any appeal process of
any other City Board, Department, Commission or Agency of the City, and further that employees
covered in this Agreement shall not have recourse to any such set of procedures. In addition, the
parties agree that the City has the sole right to amend, modify, adopt or change any policies (that
are not mandatory subjects of bargaining), including the Employee Guidelines and Municipal
Court Code of Conduct, without first negotiating such change with the Union.
ARTICLE XIV SA VINGS CLAUSE
14.1 Should any provision of this Agreement be held invalid by operation oflaw or by any tribunal of
competent jurisdiction, or if compliance or enforcement or any provision should be retained by
such tribunal pending a final determination as to its validity, the remainder of this Agreement shall
not be held invalid and shall remain in full force and effect. The City and the Union shall enter
into immediate collective bargaining negotiations upon the request of either party for the purpose
of arriving at a mutually satisfactory replacement for such provision during the period of invalidity
or restraint.
ARTICLE XV DURA nON
15.1 Except for those provisions which state otherwise, this Agreement shall be effective September 1,
2008, and shall remain in full force and effect through December 31,2010.
PUBLIC, PROFESSIONAL & OFFICE-CLERICAL
EMPLOYEES AND DRIVERS LOCAL UNION NO.
763, affiliated with the International. Brotherhood of
Teamsters
CITY OF FEDERAL WAY, WASHINGTON
By
By
Neal Beets City Manager
David A. Grage
Secretary-Treasurer
Date
Date
CITY OF FEDERAL WAY MUNICIPAL COURT
By
Michael Morgan
Municipal Court Judge
Date
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APPENDIX "A"
to the
AGREEMENT
by and between
CITY OF FEDERAL WAY, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the City of Federal Way Municipal Court Clerk Employees)
September I, 2008 through December 31, 2010
THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF FEDERAL WAY,
WASHINGTON, hereinafter referred to as the City, and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL
EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of
Teamsters, hereinafter referred to as the Union.
A.l
Effective January 1, 2008, the classifications of work and monthly rates of pay for each
classification covered by the Agreement shall be as follows, reflecting a 3.42% across-the-board
cost of living increase for each step.
CLASSIFICATION
Step A Step B Step C Step D Step E
Clerk I
Clerk II
A.2
Effective January 1,2009, the monthly rates of pay in effect December 31, 2008, shall be adjusted
by 90% of the percentage change in the Seattle-Tacoma-Bremerton CPI-W (June). .
A.3
Effective January 1,2010, the monthly rates of pay in effect December 31,209, shall be adjusted
by 90% of the percentage change in the Seattle-Tacoma-Bremerton CPI-W (June).
PUBLIC, PROFESSIONAL & OFFICE-CLERICAL
EMPLOYEES AND DRIVERS LOCAL UNION NO.
763, affiliated with the International Brotherhood of
Teamsters
CITY OF FEDERAL WAY, WASHINGTON
By
By
Neal Beets
City Manager
David A. Grage
Secretary-Treasurer
Date
Date
K:\TeamstersCT\2008 4
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A2enda Item 6f - Appointment of Municipal Court Jud2e
Material will be provided at the February 19, 2008 Council Meeting
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