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LUTC PKT 04-07-2008City of Federal Way City Council Land Use/Transportation Committee April 7, 2008 6:00 p.m. MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES: March 17, 2008 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS City Hall Council Chambers A. Code Compliance Update Action 15 min/Bailey B. Lee House Demolition — Bid Award Action 5 min/Vause S 320th Schedule 74 Undergrounding Agreement with PSE and Action 10 min/Salloum C. Reimbursement Contract with Quadrant Corporation D. Metro Service Partnerships Action 15 min/Perez 5. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN City staff Committee Members Cary M. Roe, P.E., Assistant City Manager/Emergency Manager Linda Kochmar, Chair Darlene LeMaster, Administrative Assistant II Jim Ferrell 253-835-2701 Dini Duclos G: ILUTCLUTC Agendas and Summaries 200814-07-08 LUTC Agenda.do March 17, 2008 6 00 m City of Federal Way City Council Land Use/Transportation Committee MEETING MINUTES City Hall City Council Chambers In attendance: Committee Chair Linda Kochmar, Council Member Jim Ferrrell, Committee Member Dini Duclos, Assistant City Manager/Chief Operations Officer/Emergency Manager Cary Roe, Deputy Public Works Director Ken Miller, City Staff Attorney Monica Buck, Senior Planner Janet Shull, City Traffic Engineer Rick Perez, Director of Community Development Services Greg Fewins, Planning Manager Isaac Conlen, Development Services Manager Will Appleton and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 6:00 p.m. 2. APPROVAL OF MINUTES The March 3, 2008 LUTC meeting minutes were approved. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 3. PUBLIC COMMENT There was one public comment: Carol Jardine — Board member of Chelsea Court Condominiums — Ms. Jardine's concern is with the lack of street lighting on S 317'h Street between 23'd Ave S and 25'h Ave S. ACMRoe will follow up with Public Works staff in regards to Ms. Jardine's concerns and get back to the citizens of Chelsea Court Condominiums with a response. 4. BUSINESS ITEMS A. Saghalie Firs Final Plat Janet Shull provided background information on this item. There was no discussion. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee PASSED Option 1 to the April 2, 2008, City Council Consent Agenda for approval. B. Cotte Housing Ordinance Amendment Janet Shull provided background information on this item. Committee Member Duclos asked what specifically about the housing design of Cottages at Redondo had not previously been sufficient. Ms. Shull responded that the developer's level of detail did not meet the City's baseline. It also lacked what the two approved proposals showed in detail. Staff has since received a revised proposal by the developer's new architect and this proposal meets the entire cottage housing selection criteria. Committee Chair Kochmar asked how large these units will be and how they are configured. Emily Bookwalter, Cottages at Redondo architect and Doug Walter, Cottages at Redondo developer shared that all Cottages at Redondo units will be approximately 1,100 square feet of living area. There will be two main styles, both two bedroom, two bathroom; one style will have one bedroom downstairs/one bedroom upstairs, with the other option having both bedrooms upstairs. The cost of these new homes is expected to range from $300 - $400 thousand dollars and will probably be marketed towards single and smaller households. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee PASSED Option 1 to the April 2, 2008, City Council Ordinance Agenda for first reading. C. FW Community Center Transit Service G:U.UTC\LUTC Agendas and Summaries 2008\3-17-08 Minutes.doc Land Use/Transportation Committee Page 2 February 25, 2008 Rick Perez provided background information on this item. At Committee Member Ferrell's request, Mr. Perez explained the DART System (Dial -A -Ride -Transit) and gave some clarification to specific routes and accommodations for commuters. Committee Member Duclos suggested modifying the letter, specifically the letter's final paragraph, making it call for action in order to resolve the matter at hand. Both Committee Member Ferrell and ACM Roe supported the suggestion. ACM Roe mentioned that staff will be meeting with King County Councilmember Pete von Reichbauer to generate support of this issue simultaneous to the letter being sent to Kevin Desmond of King Co. Dept. of Transportation. Mr. Perez also mentioned that the Community Center ridership issue has also been supported by Councilmember Burbidge at a recent Regional Transit Committee meeting. Staff is hopeful that transit service to and from the Community Center can be implemented in the not too distant future. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 Committee PASSED Option 1 to the April 2, 2008, City Council Consent Agenda for approval as amended per the Committee's request. 5. FUTURE MEETING The next regularly scheduled LUTC meeting will be held April 7, 2008 at 6:00 PM. 6. ADJOURN The meeting adjourned at 6:30 PM. GMUTOLUTC Agendas and Summaries 2008\3-17-08 Minutes.doc COUNCIL MEETING DATE: April 15, 2008 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: Code Compliance Overview POLICY QUESTION: What direction does the council want to pursue for abandoned shopping cart control? COMMITTEE: Land Use Transportation Committee (LUTC) MEETING DATE: April 7, 2008 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing Z City Council Business ❑ Resolution ❑ Other DEPT: Community Development Services STAFF REPORT BY: R. Lee Bailey, Building Official ............ ......... ATTACHMENTS: 1) Staff Report 2) Sign Pick Up Memorandum 3) Unfit Structures Letter 4) Abandoned Shopping Cart Letter OPTIONS CONSIDERED: In regards to the draft shopping cart letter: 1) approve the draft letter as presented; 2) modify and approve the draft letter; or 3) decline to proceed with the shopping cart letter and provide direction. ..... ...... ..... ..._ STAFF RECOMMENDATION: Staff recommends Option # 1) adopt draft letter as presented. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: &W e Council Committee Council COMMITTEE RECOMMENDATION: Place the Code Compliance Overview on the April 15, 2008, Business Agenda and approve the draft shopping cart letter as presented. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move approval of the L UTC recommendation. " BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: COUNCIL BILL # ❑ APPROVED 1sT reading ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION Enactment reading ORDINANCE # ❑ MOVED TO SECOND READING (ordinances only) RESOLUTION # REVISED - 02/06/2006 OF � Federal Way CITY COUNCIL COMMITTEE STAFF REPORT DATE: April 7, 2008 To: Land Use/Transportation Committee (LUTC) VIA: Cary Roe, Assistant City Manager �X� FItoM: Greg Fewins, Director of Community Developmentces R. Lee Bailey, Building Official SUBJECT: Code Compliance Overview MEETING DATE: April 15, 2008 A. POLICY QUESTION 1. Code compliance overview. 2. What direction does the council want to pursue for abandoned shopping cart control? B. BACKGROUND Due to the high number of shopping carts being left throughout the city, it has become necessary for us to contact those businesses located within the city with regard to those abandoned carts. Abandoned shopping carts constitute a public nuisance and create a potential hazard to the health and safety of the public. Carts left on sidewalks and other pedestrian access paths can be dangerous, especially at night. Carts left along driving surfaces may interfere with vehicular traffic in the city and could create potential traffic hazards. The accumulation of wrecked and dismantled abandoned shopping carts on public and private property tends to create conditions that reduce property values and promotes blight and deterioration in our commercial and residential neighborhoods. C. STAFF RECOMMENDATION Staff recommends that the enclosed letter concerning abandoned shopping carts be approved for distribution. D. COMMITTEE OPTIONS In regards to the draft shopping cart letter: 1) approve the draft letter as presented; 2) modify and approve the draft letter; or 3) decline to proceed with the shopping cart letter and provide direction. -1- 4ik CITY OF 40';:tSp Fedem00% ral Way February 7, 2008 To: Cary Roe FROM: R. Lee Bailey RE: Sign Pick Up Department of Community Development Services 33325 8"' Avenue South PO Box 9718 Federal Way, WA 98063-9718 253-835-2601 — Fax: 253-835-2609 www.citvoffederalway.com MEMORANDUM In order to provide clarification in the city's enforcement of our sign code, the following will constitute the procedure and criteria for establishing the ROW boundaries and the removal of signs from within the city ROW. For purposes of enforcement of the City of Federal Way sign code, the ROW is defined as that area of public property which contains road ways, planting strips, sidewalks and landscaping, street lights and utility infrastructure. The utility infrastructure generally runs parallel to the road surface and is delineated by public and private utility indicators such as telephone/power poles, fire hydrants, in and above ground vaults, phone and cable risers and other identifiable utility indicators. Since there is no uniformity in the placement of the utility indicators, those farthest from the road surface will be used to establish the right of way boundaries. Based on the above definition, it will be the practice of staff to record illegal signs by taking a digital picture before removing signs located within the city ROW. Signs located on private property shall be addressed through civil enforcement. Signs that cannot be clearly identified to be located in the city ROW shall be treated as located on private property. Signs attached directly to poles or fences in the city ROW shall be removed. Be aware on some streets in the city, the utility indicators are placed along fences which separate private and the city ROW. In these instances there may not be sufficient area to legally place a sign. It is the sign installer's responsibility to place their sign in compliance with this written policy. All other sections of the city's sign code will be enforced as adopted. Date: Name Street # City, State and Zip Re; Unfit Structures Dear On November 6`", 2007 the City of Federal Way enacted ordinance 07-566, Unfit Structures (attached). This ordinance was passed in an effort to deal with the increasing number of derelict buildings in our city. The ordinace lays out parameters for identifying those buildings which are unfit for human occupancy, create an attractive nuisance or are a danger to the health and well being of the public in general. The City of Federal Way is committed to maintaining quality neighborhoods and an excellent community environment. Our citizens expect us to do everything we can in this regard. We know that this can only be achieved by cooperation of all. Our records indicate you are the owner of the property located at ................................. which has been identified as an unfit structure. The City of Federal Way has received numerous complaints concerning this problem and feels it is necessary to act. The purpose of this notification is to allow you to contact the city's code enforcement department with any plans you may have concerning the removal or rehabilitation of the subject property. Please contact me within ten (10) business days from the date of this letter to discuss alternatives regarding this property. Failure to contact the city in regards to this property will result in further enforcement action which could include demolition of the structure in question. Sincerely, R. Lee Bailey CBO Building Official Date: Address: RE: SHOPPING CARTS Dear Due to the high number of shopping carts being left throughout the city, it has become necessary for city staff to contact all businesses who use shopping carts regarding this problem. Abandoned shopping carts constitute a public nuisance and create a potential hazard to the health and safety of the public. Carts left on sidewalks and other pedestrian access paths can be dangerous, especially at night. Carts left along driving surfaces may interfere with vehicular traffic in the city and could create potential traffic hazards. The accumulation of wrecked and dismantled abandoned shopping carts on public and private property tends to create conditions that reduce property values, and promotes blight and deterioration in our commercial and residential neighborhoods. The City of Federal Way is committed to maintaining quality neighborhoods and an excellent community environment. Our citizens expect us to do everything we can in this regard. We know that this can only be achieved by cooperation of all. The City of Federal Way has received numerous complaints concerning this problem and feels it is necessary to act. Your business is one that has been identified as using carts within the city. There are many ways for you to help us address this problem. Examples include hiring a private, fee- based cart return service, assigning staff to do cart sweeps, or installing a state-of-the-art anti -removal system. The City of Federal Way is seeking help from businesses such as your own in eliminating this problem by voluntarily picking up and removing those carts that may belong to you. City staff will be monitoring this effort for the next ninety days to assess our business community's willingness to address this issue. If the problem persists, city staff will approach the City Council regarding their direction. Options may include civil citations or code amendments providing fines and/or other penalties. If your business is already engaged in eliminating this problem, we appreciate and applaud your voluntary efforts to help us enhance the quality of life in Federal Way. If you have any questions regarding this matter, please call me at 253-835-2620. Sincerely, R. Lee Bailey Building Official COUNCIL MEETING DATE: April 15, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: THE LE HOUSE DEMO PROJECT POLICY QUESTION: Should the City Council award the contract to demolish the Le house to Hoffinan Construction Inc? COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: April 7, 2008 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Greg Vause Code Compliance Officer DEPT: Community Development _.........---................_......_.........._.._..._._...._.._g_.__._..._...._._...__._...._.__......._......_._._._.__._P...._..._.. ----....__......._.......__._..........__...._.._............... __.._.............. ......... .......... .......... _..... _..... ....... __..... ..........__.........._._...-- ._._._....._._._._..._....__._. Attachments: 1) Determination of finding of facts and order of the City of Federal Way Improvement Officer. 2) Public Works Contract "Le Project" 3) Staff Report Options Considered: 1) Accept as Presented; 2) Modify and Accept; or 3) Decline to Accept STAFF RECOMMENDATION: Staff CITY MANAGER APPROVAL: i Option #1) Accept as Presented DIRECTOR APPROVAL: M� Council Committee Council COMMITTEE RECOMMENDATION: I move that the Land Use/Transportation Committee forward to the City Council and place on the April 15, 2008, Consent Agenda, a recommendation to accept as presented and award the Le contract to Hoffinan Construction Inc. Linda Kochmar, Chair Jim Ferrell Dini Duclos PROPOSED COUNCIL MOTION: "I move for the acceptance of the contract for the Le Demolition to Hoffman Construction. Inc. BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # IACCO\case file\LE DEMOWgenda Bill for Le Project.doc CITY OF -& 4��Nk Federal Way COPY DETERMINATION FINDINGS OF FACT, AND ORDER OF THE CITY OF FEDERAL WAY IMPROVEMENT OFFICER Date: February 13, 2008 To: Van Thi Thu Le 7101 Martin Luther King Way South #116-110 Seattle, WA 98118 RE: 32821 42nd AVE SW Parcel # 873203-0210 File No.: 04 -103376 -VO I. SUMMARY OF HEARING On February, 13d' 2008, at 10:00 a.m., the City of Federal Way Improvement Officer held a hearing to determine if the above building meets the definition of an Unfit Building under Federal Way City Code (FWCC) 1-30. and if so, whether the building should be repaired, vacated, or demolished under FWCC 1-31. II. FINDINGS OF FACT Based on the cities Building Official and Code Enforcements Officers investigation of this matter, and information provided at this hearing the Improvement Officer Finds the Following Facts: 1) On August 11, 2004, the above residence had a major fire that started in the garage and spread into the ground floor living space. Several windows and doors were removed due to the fire or to fire suppression. The fire burned though the roof of the house, destroying several of the roof members causing the roof to partially collapse. The utilities have been disconnected from the building. This residence has been left open to the elements. 2) The City issued a Complaint of Unfit Building on January 16d', 2008 for an unsafe and uninhabitable structure located at 3282142 "d Ave SW, parcel #873203-0210. Included in the complaint were violations FWCC 1-30 sections (c), (d), (e), (f), (h), and (i). 3) The City through its Code Enforcement Officer and according to FWCCI-33 posted the property, sent notice by certified mail to the last know address of the owner, filed notice at the King County Recorders office, and hired Washington Legal Messenger to personally serve the owner. 4) The complaint called for a hearing to be held on February 13`h 2008 at 10:00 a.m. in the Federal Way City Council Chambers before the Improvement Officer. The hearing was set not less than ten days and not more than thirty from time of service as required under FWCC 1-34. 5) R. Lee Bailey, Federal Way Building Official, has years of experience and training in assessing the dangers and structural integrity of dangerous buildings. Mr. Bailey testified that repairs for the building would cost more than half the assessed value of the property and that the building was dangerous as both an attractive nuisance and potential for collapse. He testified that the roof on the garage in particular was in danger of collapse and that the home had several openings caused by both the fire and fire suppression efforts that would make it easy for persons to enter the building and be injured. Based upon the testimony of Mr. Bailey and the photos and other evidence provided during the hearing the Improvement officer has determined that the fire damage to the roof causes an improperly distributed load upon the roof system which has resulted in insufficient strength to be reasonably safe. There are several parts of the roof and walls that are not secured and may fail at anytime. Combined with the fire damage, lack of utilities and having been opened to the elements for several years this building has become so dilapidated, unsafe, and unsanitary that it no longer provides the amenities essential to decent living. III. DETERMINATION AND ORDER Based on the investigation of this matter, and the information presented at the above-described hearing, the Improvement Officer makes the following Determination and Order: 1. The building listed above is unfit for human habitation or other use and is in violation of FWCC 1-30 sections: (c) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used; (d) Those which have become damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the City of Federal Way; (e) Those which have become or are so dilapidated or decayed or unsafe or unsanitary, or which so utterly fail to provide the amenities essential to decent living, that they are unfit for human habitation, or are likely to cause sickness (PA0687733.DOC;1/13041/900000) 2 or disease, so as to work injury to the health, morals, safety or general welfare of those living therein; (f) Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein; (h) Those which have parts thereof which are so attached that they may fall and injure members of the public or property; (i) Those which because of their condition are unsafe or unsanitary or dangerous to the health, safety or general welfare of the public. 2. Under FWCC 1-31 "The following standards shall be followed by the Improvement Officer and the Appeals Commission in ordering repair, vacation or demolition of buildings or structures;" section (b) "If the "dangerous or unfit building or structure" is fifty percent damaged or decayed or deteriorated in value it shall be demolished. Value as used herein shall be the valuation placed upon the building or structure for purposes of general taxation." This building is more than fifty percent damaged, or deteriorated and shall be demolished. The property owner is here by ordered to apply for all of the necessary permits to demolish the building within 45 days of this order and demolish the building. Failure to apply for the necessary permit within 45 days of this order may result in the Building Official ordering the building to be demolished as set forth below in the Remediation/Penalties section. IV. APPEAL You are entitled to appeal this determination, Findings of Fact, and Order. You must request an appeal within thirty (30) calendar days after receiving this Determination. The appeal must be in writing to the Federal Way office of City Clerk, 33325 8th Ave South, Federal Way, WA 98003. An appeal fee of $100.00 must be submitted with the written appeal request. An appeal hearing will be scheduled before the Federal Way Appeals Commission within 30 days from the date the appeal is filed. At that hearing you may present evidence and testimony from you and other witnesses, including new information not previously presented to the Improvement Officer, challenging this Determination, Findings of Fact, and Order. V. REMEDIATION/PENALTIES If you do not appeal this ruling and fail to comply with the Determination, Finding of Fact, and Order, the Building Official may direct or cause the subject dwelling, building, structure or premises to be repaired, altered, improved, vacated, and closed, removed or demolished pursuant to RCW 35.80. The cost of any action taken by the Building Official under FWCC 1-38 shall be assessed against the subject property pursuant to RCW 35.80 and FWCC 1-38 through 1-40. Upon certification by the City of Federal Way Finance Director that the assessment amount is due and owing, the (PA0687733.DOC;1/13041 /900000) 3 King County Treasurer shall enter the amount of such assessment upon the tax rolls against the subject property pursuant to the provisions of RCW 35.80.030. Questions regarding the Determination, Finding of Fact, and Order should be directed to Greg Vause, Code Enforcement Officer at 253-835-2632 or greg.vause@cityoffederalway.com. Phil A.Olbrects Date Improvement Officer (PA0687733.DOC; 1/13041/900000) 4 PUBLIC WORKS CONTRACT FOR LE RESIDENCE DEMOLITION THIS PUBLIC WORKS CONTRACT ("Contract') is dated effective this 16th day of April, 2008 and is made by and between the City of Federal Way, a Washington municipal corporation ("City or Owner'J, and Hoffman Construction Company Inc. A. The City desires to retain an independent contractor to furnish all labor and materials necessary to complete the demolition of the residence located at 32821 42nd Ave SW, Federal Way, Washington; and B. The Contractor has the requisite skill and experience to perform such work. NOW, THEREFORE, the parties ("Parties') agree to the following terms and conditions: 1. SERVICES BY CONTRACTOR 1.1 Description of Work. Contractor shall perform all work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary for the construction and completion of the work, more particularly described as the Le Residence Demolition project, including without limitation: 1. Remove all asbestos as identified in Orion Environmental Services letter dated 1-8-2008 attached as exhibit H. 2. Cut and cap sewer line. (city will have permits) 3. All other utilities have been disconnected.. 4. Provide street cleaning and or sweeping as needed. 5. Provide required erosion control as set forth by SWM. 6. Conduct utilities locator request. 7. Complete demolition and removal of structure including concrete foundation, garage slab and driveway. 8. Fill to grade and hydroseed. 9. To be completed by 4/30/08 in accordance with and as described in the Contract Documents, which include without limitation, this Contract, Request for Bids, Bidder's Checklist, Instructions to Bidders, General Contractual Terms and Conditions, Bid Form, Bid Signature Page, Bid Bond, Combined Affidavit and Certification Form, Contractor's Compliance Statement, Notice of Completion of Public Works Contract attached as Exhibit A, Contract Change Order Agreement attached as Exhibit B, Contractor's Retainage Agreement attached as Exhibit C, Retainage Bond to City of Federal Way attached as Exhibit D, Notice to Labor Unions or Other Employment Organizations Nondiscrimination in Employment attached as Exhibit E, Certificate(s) of Insurance Form attached hereto as Exhibit F, Performance / Payment Bond attached hereto as Exhibit G, Title VI Assurances attached hereto as Exhibit H, current Prevailing Wage Rates attached as Appendix B and all other Appendices attached hereto and incorporated by this reference, (collectively the "Contract Documents'l, which Work shall be completed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. 1.2 Completion Date. The Work shall be commenced within.five (5) days of receipt by the Contractor of the City's Notice to Proceed. The Work shall be completed on or before April 30, 2008. In the event the Work is not substantially completed within the time specified, Contractor agrees to pay to the City liquidated damages in the amount set forth in the formula included in Section 1.3 of this Contract. The Work shall not be deemed completed until the City has accepted the Work and delivered a written Notice of Completion of Public Works Contract in the form attached hereto as Exhibit "A". 1.3 Liquidated Damages. Time is of the essence of the Contract. Delays inconvenience the public and cost taxpayers undue sums of money, adding time needed for administration, inspection, and supervision. It is impractical for the City to calculate the actual cost of delays. Accordingly, the Contractor agrees to pay liquidated damages calculated on the following formula for its failure to complete this Contract on time: (1) To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for completion, and (2) To authorize the City to deduct these liquidated- damages from any money due or coming due to the Contractor. LIQUIDATED DAMAGES FORMULA LD = 0.15C T Where: LD = Liquidated damages per working day (rounded to the nearest dollar). C = Original Contract amount. T = Original time for completion. When the Work is completed to the extent that the City has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, the City may determine the Work is complete. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete this entire Contract. 1.4 Performance Standard Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors. 1.5 Compliance with Laws. Contractor shall perform the Work in accordance with all applicable federal, state and City laws, including but not limited to all City ordinances, resolutions, standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary permits and pay all permit, inspection or other fees, at its sole cost and expense. 1.6 Change Orders. The City may, at any time, without notice to sureties, order changes within the scope of the Work. Contractor agrees to fully perform any such alterations or additions to the Work. All such change orders shall be in the form of the Contract Change Order Agreement attached hereto as Exhibit "B", which shall be signed by both the Contractor and the City, shall specifically state the change of the Work, the completion date for such changed Work, and any increase or decrease in the compensation to be paid to Contractor as a result of such change in the Work. Oral change orders shall not be binding upon the City unless City of Federal Way Le Residence Demolition Page 2 PWC ver 1-08 confirmed in writing by the City. If any change hereunder causes an increases or decrease in the Contractor's cost of, or time required for, the performance or any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order from the City or after giving the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require to determine if the claims and costs have merit. No claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. 1.7 Work and Materials Omitted. The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the Contract and the value of the omitted work and materials will be deducted from the Total Compensation and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 1.8 Utilitv Location. Contractor is responsible for locating any underground utilities affected by the Work and is deemed to be an excavator for purposes of Chapter 19.122 RCW, as amended. Contractor shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the "one call" locator system before commencing any excavation activities. 1.9 Air Environment. Contractor shall fully cover any and all loads of loose construction materials including without limitation, sand, dirt, gravel, asphalt, excavated materials, construction debris, etc., to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City of Federal Way. 2. TERM This Contract shall commence on the effective date of this Contract and continue until the completion of the Work, which shall be no later than April 30th, 2008 to complete, and the expiration of all warranties contained in the Contract Documents ("Term'). 3. WARRANTY 3.1 Requisite Skill. The Contractor warrants that it has the requisite skill to complete the Work, and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. Contractor represents that it has visited the site and is familiar with all of the plans and specifications in connection with the completion of the Work. City of Federal Way Le Residence Demolition Page 3 PWC ver 1-08 3.2 Defective Work. The Contractor shall, at its sole cost and expense, correct all Work which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work as more fully set forth in the General Conditions of the Contract. This warranty shall survive termination of this Contract. Conducting of tests and inspections, review of specifications or plans, payment for goods or services, or acceptance by the City does not constitute waiver, modification or exclusion of any express or implied warranty or any right under this Contract or law. 4. COMPENSATION 4.1 Total Compensation. In consideration of the Contractor performing the Work, the City agrees to pay the Contractor an amount not to exceed thirty-four thousand forty four dollars and 32/100 Dollars ($ 34,044.32), which amount shall constitute full and complete payment by the City ("Total Compensation'). 4.2 Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract. 4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. 4.4 Method of Payment. The basis of payment will be the actual quantities of work performed according to the contract and as specified for payment. Payments will be made for work and labor performed and materials furnished under the contract according to the price in the proposal unless otherwise provided. Partial payments will be made once each month, based on partial estimates prepared by the Engineer and signed by the Contractor. Failure to perform any obligation under this Contract may be adequate reason for the City to withhold payments until the obligation is performed. Upon completion of all work and after final inspection, the amount due the Contractor under the contract will be paid based upon the final estimate made by the Engineer and signed by the Contractor. Payment to the Contractor for partial estimates, final estimates, and retained percentages shall be subject to controlling laws. 4.5 tainage. Pursuant to Chapter 60.28 RCW, five percent (5%) of the Total Compensation shall be retained by the City to assure payment of Contractor's state sales tax as well as payment of subcontractors, suppliers and laborers. Upon execution of this Contract, Contractor shall complete, execute and deliver to the City the Contractor Retainage Agreement attached hereto as Exhibit "C" or execute the Retainage Bond attached hereto as Exhibit "D". No payments shall be made by the City from the retained percentage fund (" Fund'I nor shall the City release any retained percentage escrow account to any person, until the City has received from the Department of Revenue a certificate that all taxes, increases, and penalties due from the Contractor and all taxes due and to become due with respect to the Contract have been paid in full or that they are, in the Department's opinion, readily collectible without recourse to the State's lien on the -retained percentage. Upon norr payment by the general contractor, any supplier or subcontractor may file a lien against the retainage funds, pursuant City of Federal Way Le Residence Demolition Page 4 PWC ver 1-08 to Chapter 60.28 RCW. Subcontractors or suppliers are required to give notice of any lien within forty-five (45) days of the completion of the Work and in the manner provided in RCW 39.08.030. Within sixty (60) days after completion of all Work on this Contract, the City shall release and pay in full the money held in the Fund, unless the City becomes aware of outstanding claims made against this Fund. S. EQUAL OPPORTUNITY EMPLOYER In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Contract, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this Contract by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. If this project involves federal funds including USDOT funds administered by WSDOT, the contractor agrees to the clauses contained in Exhibit H. 6. INDEPENDENT CONTRACTORMONFLICT OF INTEREST It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Contract to an employment contract. It is recognized that Contractor may or will be performing work during the Term for other parties; provided, however, that such performance of other work shall not conflict with or interfere with the Contractor's ability to perform the Work. Contractor agrees to resolve any such conflicts of interest in favor of the City. 7. CITY'S RIGHT TO TERMINATE CONTRACT 7.1 Termination Without Cause. Prior to the expiration of the Term, this Contract may be terminated without cause upon oral or written notice delivered to Contractor from the City. Upon termination, all supplies, materials, labor and/or equipment furnished prior to such date shall, at the City's option, become its property. In the event Contractor is not in breach of any of the provisions of this Contract, Contractor will be paid for any portion of the Work which has been completed to the City's satisfaction, calculated by the percentage amount that portion of the Work completed and accepted by the City bears to the Total Compensation. City of Federal Way Le Residence Demolition Page 5 PWC ver 1-08 7.2 Termination For Cause. The City may immediately terminate this Contract, take possession of the Property and all materials thereon and finish the Work by whatever methods it may deem expedient, upon the occurrence of any one or more of the following events: (1) If the Contractor should be adjudged a bankrupt. (2) If the Contractor should make a general assignment for the benefit of its creditors. (3) If a receiver should be appointed on the account of insolvency of Contractor. (4) If Contractor should persistently or repeatedly refuse or fail to supply a sufficient number of properly skilled workmen or proper materials for completion of the Work. (5) If the Contractor should fail to complete the Work within the time specified in this Contract. (6) If the Contractor should fail to complete the Work in compliance with the plans and specifications, to the City's satisfaction. (7) If the Contractor should fail to make prompt payment to subcontractors or for material labor. (8) If Contractor should persistently disregard laws, ordinances or regulations of federal, state, or municipal agencies or subdivisions thereof. (9) If Contractor should persistently disregard instructions of the City Manager or his or her representative. (10) If Contractor shall be in breach or violation of any term or provision of this Contract, or (11) If the Work is not being performed pursuant to RCW 49.28.050 or 49.28.060. 7.3 Result of Termination. In the event that this Contract is terminated for cause by the City, the City may do any or all of the following: (1) Stop payments. The City shall cease any further payments to Contractor and Contractor shall be obligated to repay any payments it received under this contract. (2) Complete Work. The City may, but in no event is the City obligated to, complete the Work, which Work may be completed by the City's agents, employees or representatives or the City may retain independent persons or entities to complete the Work. Upon demand, Contractor agrees to pay to the City all of its costs and expenses in completing such Work. City of Federal Way Le Residence Demolition Page 6 PWC ver 1-08 (3) Take Possession. The City may take possession of the Property and any equipment and materials on the Property and may sale the same, the proceeds of which shall be paid to the City for its damages. (4) Remedies Not Exclusive. No remedy or election under this Contract shall be deemed an election by the City but shall be cumulative and in addition to all other remedies available to the City at law, in equity or by statute. 8. INDEMNIFICATION 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend, and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Contract to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Contract. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify,defend, and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licenses, or representatives, arising from, resulting from or connected with this Contract to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 9. INSURANCE 9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the City: (1) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (2) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. (3) Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. City of Federal Way Le Residence Demolition Page 7 PWC ver 1-08 9.2 Endorsements. Each insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees, volunteers and agents shall each be named as additional insured. (2) Coverage may not be terminated or reduced in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, to the City. (3) Coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of Contractor's insurance. (4) Coverage shall apply to each insured separately against whom claim is made or suit is brought. (5) Coverage shall be written on an 'occurrence" form as opposed to a "claims made" or "claims paid" form. 9.3 Verification. Contractor shall furnish the City with certificates of insurance evidencing the coverage required by the Section, in compliance with the Certificate(s) of Insurance Form attached hereto as Exhibit F , which certificate must be executed by a person authorized by the insurer to bind coverage on its behalf. The City reserves the right to require complete certified copies of all required insurance policies, at any time. 9.4 Subcontractors. Contractors shall include all subcontractors as additional insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 9.5 Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be disclosed by Contractor and approved in writing by the City. At the option of the City, Contractor shall either reduce or eliminate such deductibles or self-insured retentions or procure a bond guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles or self-insured retentions. 9.6 Asbestos Abatement or Hazardous Materials. If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City's Risk Manager and provide scope and limits of coverage that are appropriate for the scope of Work and are satisfactory to the City. Contractor shall not commence any Work until its coverage has been approved by the Risk Manager. equired by 9.7 Termination. The Contractor'seailure to non -a nonovide -accephe insurance tance this Contractverage by therCont actor this Section shall be deemed to cons P and the City may then award this Contract to the next lower bidder. 10. PERFORMANCE/ PAYMENT BOND Pursuant to RCW 39.08.010, Contractor shall post a Performance/Payment Bond in favor of the City, in the form attached to this Contract as Exhibit G and incorporated by this City of Federal Way Le Residence Demolition Page 8 PWC ver 1-08 reference, in a dollar amount satisfactory to the City; to guarantee Contractor's performance of the Work to the City's satisfaction; to insure Contractor's performance of all of the provisions of this Contract; and to guarantee Contractor's payment of all laborers, mechanics, subcontractors and material persons. Contractor's obligations under this Contract shall not be limited to the dollar amount of the bond. 11. SAFETY Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the Work for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against any known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from danger all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the execution of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 12. PREVAILING WAGES 12.1 Wages of Employees. This contract is subject to the minimum wage requirements of Chapter 39.12 RCW` and Chapter 49.28 RCW (as amended or supplemented). On Federal -aid projects, Federal wage laws and rules also apply. The Hourly minimum rates for wages and fringe benefits are listed in Appendix B. When Federal wage and fringe benefit rates are listed, the rates match those identified by the U.S. Department of Labor's "Decision Number" shown in Appendix B. The Contractor, any subcontractor, and all individuals or firms required by Chapter 39.12 RCW, Chapter 296-127 WAC, or the Federal Davis -Bacon and Related Acts (DBRA) to pay minimum prevailing wages, shall not pay any worker less than the minimum hourly wage rates and fringe benefits required by Chapter 39.12 RCW or the DBRA. Higher wages and benefits may be paid. When the project is subject to both State and Federal hourly minimum rates for wages and fringe benefits and when the two rates differ for similar kinds of labor, the Contractor shall not pay less than the higher rate unless the state rates are specifically preempted by Federal law. The Contractor shall ensure that any firm (Supplier, Manufacturer, or Fabricator) that falls under the provisions of Chapter 39.12 RCW because of the definition "Contractor" in Chapter 296-127-010 WAC, complies with all the requirements of Chapter 39.12 RCW. 12.2 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Contract do not apply to: (1) Sole owners and their spouses; City of Federal Way Le Residence Demolition Page 9 PWC ver 1-08 (2) Any partner who owns at least 30% of a partnership; (3) The President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 12.3 Reporting Requirements. On forms provided by the Industrial Statistician of State L&I, the Contractor shall submit to the Engineer the following for itself and for each firm covered under Chapter 39.12 RCW that provided work and materials of the contract: (1) A copy of an approved "Statement of Intent to Pay Prevailing Wages" State L&I form number F700-029-000. The City will make no payment under this contract for the work performed until this statement has been approved by State L&I and a certified copy of the approved form has been submitted to the City. (2) A copy of an approved "Affidavit of Prevailing Wages Paid," State L&I form number F700-007-000. The City will not release to the contractor any funds retained under Chapter 60.28.011 RCW until all of the "Affidavit of Prevailing Wages Paid" forms have been approved by State L&I and a certified copy of all the approved forms have been submitted to the City. The Contractor shall be responsible for requesting these forms from the State L&I and for paying any approval fees required by State L&I. Certified payrolls are required to be submitted by the Contractor to the City, for the Contractor and all subcontractors or lower tier subcontractors. 12.4 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 13. FAILURE TO PAY SUBCONTRACTORS In the event the Contractor shall fail to pay any subcontractors or laborers, fail to pay for any materials, or fail to pay any insurance premiums, the City may terminate this Contract and/or the City may withhold from the money which may be due the Contractor an amount necessary for the payment of such subcontractors, laborers, materials or premiums. 14. OWNERSHIP OF DOCUMENTS All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work shall become the property of the City and shall be delivered to the City at its request. 15. CONFIDENTIALITY Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept as confidential and City of Federal Way Le Residence Demolition Page 10 PWC ver 1-08 shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 16. BOOKS AND RECORDS The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of this Contract and such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Contract. These records shall be subject at all reasonable times to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Contract. 17. CLEAN UP At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 18. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY: 18.1 Contractor Verification. The Contractor verifies that it has a certificate of registration with the State of Washington; has a current state unified business identifier number; is not disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); has industrial insurance as required by Title 51 RCW, if applicable; has an employment security department number as required in Title 50 RCW, if applicable; has a state excise tax registration number as required in Title 82 RCW, if applicable; possesses a valid electrical contractor license as required by chapter 19.28 RCW, if applicable; and possesses an elevator contractor license as required by chapter 70.87 RCW, if applicable. 18.2 Subcontractor Contracts. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. Upon request of the Owner, the Contractor shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier. 18.3 Subcontractor Verification. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; Have a current Washington Unified Business Identifier (UBI) number; Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); Have Industrial Insurance (workers' compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; A Washington Employment Security Department number, as required in Title 50 RCW, if applicable; A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; An electrical contractor license, if City of Federal Way Le Residence Demolition Page 11 PWC ver 1-08 required by Chapter 19.28 RCW, if applicable; An elevator contractor license, if required by Chapter 70.87 RCW. 19. GENERAL PROVISIONS 19.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 19.2 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 19.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 19.4 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. 19.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 19.6 Attorney Fees. In the event the City or the Contractor defaults on the performance of any terms in this Contract, and the Contractor or City places the enforcement of the Contract or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Contract shall be King County, Washington. 19.7 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 19.8 Governing Law. This Contract shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 19.9 Authori . Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Contractor or City. 19.10 Notices. Any notices required to be given by the City to Contractor or by the Contractor to the City shall be delivered to the Parties at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in -the United States mail shall be deemed received three (3) days after the date of mailing. City of Federal Way Le Residence Demolition Page 12 PWC ver 1-08 19.11 Captions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 19.12 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. 19.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91- 54, as amended, occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and void, at the City's option. 19.14 Conflicting Provisions. In the event of a conflict between the terms and provisions of any of the Contract Documents, the City Manager or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding. DATED the day and year set forth above. CITY OF FEDERAL WAY IN ATTEST: City Clerk, Laura Hathaway, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson Cary M. Roe, P.E. Assistant City Manager/Chief Operating Officer Emergency Manager 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 Hoffman Construction Company By: (Signature) City of Federal Way Le Residence Demolition Page 13 PWC ver 1-08 (Name) (Address) (Phone) STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me , to me known to be the of Hoffman Construction Company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 200_. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires City of Federal Way Le Residence Demolition Page 14 PWC ver 1-08 EXHIBIT A City of Federal Way Le Residence Demolition Page 15 PWC ver 1-08 State of Washington Department of Revenue PO Box 47474 Olympia, WA 98504-7474 Contractor's Registration No. (UBI No.): Date: NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: City of Federal Way Assigned To P. O. Box 9718 Federal Way, WA 98063-9718 Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Ccatract Conuactor's Name Telephone Number Contractor's Address Date Work Cortauenced Date Work Completed Date Work Accepted Surety or Bonding Company Agent's Address Contract Amount: Additions or Reductions: Sales Tax: TOTAL: Signature: Phone Number. Amount Disbursed: Amount Retained: TOTAL: Type or Prim Name The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, WA 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired or a language other than English, please call (360) 753-3217. Teletype (TTY) users may call (800) 451- 7985. You may also access tax information on our Internet home page at http:/dor.wa.gov. PROJECT NUMBER PROJECT TITLE EXHIBIT B CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT CHANGE ORDER NUMBER SUMMARY OF PROPOSED CHANGES: EFFECTIVE DATE CONTRACTOR The time provided for completion in the Contract is ❑ Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of insurance coverage? ❑ Yes ❑ No If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No PRICE CHANGE LUMP SUM: INCREASE $ DECREASE $ UNIT PRICE: THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM TOTAL NET CONTRACT: QUANTITY UNIT PRICE INCREASE $ ADD OR DELETE DECREASE $ STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions goveming the types of construction. CONTRACTOR'S SIGNATURE DEPT. DIRECTOR/MANAGER SIGNATURE City of Federal Way Le Residence Demolition. Page 16 PWC ver 1-08 DATE DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER *ADJUSTMENTS NEW CONTRACT AMOUNT ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY PAY THIS ADJUSTED AMOUNT *Adjustments: 0 INCREASED $ 0 DECREASED $ $ DEPARTMENT DIRECTOR'S SIGNATURE City of Federal Way Le Residence Demolition Page 17 PWC ver 1-08 EXHIBIT C CONTRACTOR'S RETAINAGE AGREEMENT Bid/Contract Number City of Federal Way 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 253-835-7000 IDENTIFICATION AND DESCRIPTION Project Title Contractor Representative Bid No. Date Administering Department City Representative Funding Source Project Authority RETAINAGE FORMULA In accordance with applicable State Statutes, the following provisions will be made for the disposition of the retainage held for investment: 1. All investments selected below are subject to City approval. 2. Retainage under this agreement will be held in escrow by the (referred to herein as the Bank), the terms of which are specified by separate escrow agreement. The cost of the investment program and the risk thereof is to be borne entirely by the contractor. 3. The final disposition of the contract retainage will be made in accordance with applicable statutes. CONTRACTOR'S INSTRUCTIONS Pursuant to RCW 60.28.010 I hereby notify the City of Federal Way of my instructions ❑ to invest ❑ not to invest the retainage withheld under the terms of this contract. If the investment option is selected, please provide the following information: Name of Bank, Mutual Fund, or Savings & Loan Association: Address: Account #: Contractor: By: Address: Fed ID #: CITY APPROVAL Approval of Investment Program and Retainage Agreement CERTIFICATION FOR RELEASE OF CONTRACT RETAINAGE Contract No. Project Title: Contact Person: Date: Title: Phone: Est. Completion Date: — Management Services Director I hereby certify, as Contract Administrator for this Contract representing the City required by the above cited contract was completed on City was granted on Date of Federal Way, that all work and final acceptance by the I also certify that no liens have been received within 30 days from the above date from any person, persons, mechanics, subcontractors or materialman who has performed any work or provided any material of subject contract. Contract Administrator Director of Administering Department City of Federal Way Le Residence Demolition Page 18 PWC ver 1-08 Also, please find attached certifications by the applicable state agencies of the receipt of: 1) Washington State Business Taxes (Washington State Dept. of Revenue); 2) Industrial Insurance Premiums (State Dept. of Labor & Industries); and 3) Employment Security, Unemployment Insurance Premiums (State of Washington Employment Security Dept.) City of Federal Way Le Residence Demolition Page 19 PWC ver 1-08 ' EXHIBIT D RETAINAGE BOND TO CITY OF FEDERAL WAY LE RESADANCE DEMOLITION KNOW ALL PERSONS BY THESE PRESENTS that we, the undersigned, as principal ("Principal'J, and . a Corporation organized and existing under the laws of the State of as a surety Corporation, and qualified under the laws of the State of Washington to become surety upon bonds of Contractors with Municipal Corporations, as surety ("Surety"), are jointly and severally held and firmly bonded to the City of Federal Way ("City') in the penal sum of. ($ ) for the payment of which sum we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. A. This obligation is entered into in pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. B. Pursuant to proper authorization, the City Manager is authorized to enter into a certain contract with the Principal, providing for the LE Project, which contract is incorporated herein by this reference ("Contract'), and C. Pursuant to State law, Chapter 60.28 RCW, the City is required to reserve from the monies earned by the Principal pursuant to the contract, a sum not to exceed five percent (5%), said sum to be retained by the City as a trust fund for the protection and payment of any person or persons, mechanic, subcontractor or materialmen who shall perform any labor upon such contract or the doing of such work, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, and the State with the respect to taxes imposed pursuant to Title 82 RCW which may be due from said Principal. Every person performing labor or furnishing supplies towards completion of said improvement or work shall have a lien on said monies so reserved, provided that such notice of the lien of such claimant shall be given in the manner and within the time provided in RCW 39.08.030 as now existing and in accordance with any amendments that may hereafter be provided thereto; and D. State law further provides that with the consent of the City, the Principal may submit a bond for all or any portion of the amount of funds retained by the public body in a form acceptable to the public body conditioned upon such bond any proceeds therefrom being made subject to all claims and liens and in the same manner and priority as set forth retained percentages pursuant to Chapter 60.28 RCW; and E. The Principal has accepted, or is about to accept, the Contract, and undertake to perform the work therein provided for in the manner and within the time set forth, for the amount of $ and F. The City is prepared to release any required retainage money previously paid by the Principal prior to acceptance and successful operation and fulfillment of all other terms of said contract upon being indemnified by these presents, NOW, THEREFORE, if the Principal shall perform all the provisions of the Contract in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Contract, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and if the Principal shall pay to the State all taxes imposed pursuant to Title 82 RCW which may be due from such Principal as a result of this contract then and in the event this obligation shall be void; but otherwise it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Contract or to the Work. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Retainage Bond in a like amount, such City of Federal Way Le Residence Demolition Page 20 PWC ver 1-08 increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the Surety. consent of Within forty-five (45) days of receiving notice that the Principal has defaulted on all or of the Contract, the Surety shall make written commitment to the Ci within a reasonable time City that it will either: (a) cure the drt of efaultitselfperiod or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is n in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to theof complete or elected. Should Surety elect option a to it has cure the default, the9 and its intent, equal to the costs actually incurred () penal sum of the Bond shall beg educed in am amount Completion of the necessary by the Surety in curing the default. If the Surety elects o p ry work, the Citheits Poon (b), then upon. interest, any overpayment made by the Surety and the Suety shall Pay o heaCty�Y aThe City ctual costsali return, without City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall Participation in mediation, described in the below paragraph, prior to any interplead action. which exceed the first complete In the event a dispute should arise between the Parties to this Bond with respect to the City's default by the Principal, Pa, the Parties agree to ty' declaration of mediation procedures of United States Arbitration and in (st four Participate in at least four hours of mediation in accordance with the in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office "USA&M"). The Parties shall Proportionately share Square, 601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to the mediation. , to c Two Union completion of 200 The parties have executed this instrument under their separate seals this day of -__, the name and corporate seal of each corporate party hereto affixed, and these presents duty signed by its undersigned representatives pursuant to authority of its governing body. CORPORATE SEAL: CORPORATE SEAL: City of Federal Way Le Residence Demolition PWC ver 1-08 Page 21 PRINCIPAL By: Title: Address: SURETY By: — Title: Address: Attorney -in -Faces (Attach Power of Attorney) CERTIFICATES AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that who signed the said bond on behalf of the Principal, was of said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary of Assistant Secretary I hereby certify that I am the (Assistant) Secretary of the Corporation named as Surety in the within bond; that who signed the said bond on behalf of the Surety, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary of Assistant Secretary APPROVED AS TO FORM: Patricia A. Richardson, City Attorney City of Federal Way Le Residence Demolition Page 22 PWC ver 1-08 EXHIBIT E NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT TO: ALL EMPLOYEES AND TO: (Name of Union or Organization) The undersigned currently holds contract(s) with Hoffman Construction Company involving funds or credit of the City of Federal Way, Washington, or (a) subcontract(s) with a prime contractor holding such contract(s). You are advised that, under the provisions of the above contract(s) or subcontract(s) and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant of employment because of race, color, creed or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION This notice is furnished to you pursuant to the provisions of the above contract(s) or subcontractor(s) and Executive Order 11246. Copies of this Notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Complaints may be submitted to: City of Federal Way PO BOX 9718 Federal Way, WA 98063 (Contractor or subcontractor) Date City of Federal Way Le Residence Demolition Page 23 PWC ver 1-08 EXHIBIT F CERTIFICATE OF INSURANCE This is to. certify to the City of Federal Way, Washington, that the following policies are in force for: Name of Insured Address Contract Title and/or Description of Job 1. GENERAL LIABILITY A. Commercial, General Liability Insurance, and Business Automobile Liability Insurance with limits of not less than: (1) Commercial General Liability Insurance with combined single limits of not less than Two Million and no/100 Dollars ($2,000,000.00) for bodily injury, including personal injury or death, products liability and property damage. (2) Business Automobile Liability Coverage (including any and all leased, owned, hired or non -owned vehicles used in any activities associated with this contract) with combined single limits of not less than Two Million and no/100 Dollars ($2,000,000.00) for bodily injury, including personal injury or death, and property damage. B. The following coverages are included in both Primary and Excess Liability Contracts. 1. Broad Form Property Damage Coverage YES ❑ NO ❑ 2. Blanket Broad Form Contractual YES ❑ NO ❑ 3. Stop -Gap Employer's Contingent Liability YES ❑ NO ❑ 4. Underground Damage, Collapse and Blasting or Explosion YES ❑ NO ❑ 5. Contractor's Protective YES ❑ NO ❑ 6. Personal Injury Liability (Libel, Slander, Defamation, etc.) YES ❑ NO ❑ 7. Products and Completed Operations YES ❑ NO ❑ 8. Non -owned and Hired Auto Coverage YES ❑ NO ❑ 9. Mobile Equipment YES ❑ NO ❑ 10. YES ❑NO❑ C. General Requirements of Policy(ies) shall include, but not be limited to: I. City of Federal Way is an additional named insured by endorsement as respects this contract and such insurance as is carried by the contractor is primary. 2. In the event of non -renewal, cancellation or material change in the coverage provided, thirty (30) days written notice shall be furnished the City of Federal Way prior to the date of non -renewal, cancellation or change, such notice to be sent to City of Federal Way Risk Manager, 33325 8th Avenue South, Federal Way, Washington 98003. 3. City of Federal Way has no obligation to report occurrences unless a claim is filed with City of Federal Way; and City of Federal Way has no obligation to pay premiums. City of Federal Way Le Residence Demolition Page 24 PWC ver 1-08 4. The contractor's insurance policies contain a "cross liability" endorsement substantially as follows: The inclusion of more than one Insured under this policy shall not affect the rights of any Insured as respects any claim, suit or judgment made or brought by or for any other Insured or by or for any employee of any other Insured. This policy shall protect each Insured in the same manner as though a separate policy had been issued to each, except that nothing herein shall operate to increase the company's liability beyond the amount or amounts for which the company would have been liable had only one Insured been named. Insurance Companyfies) Policy No Effective Expires I, , hereby certify that I am an Authorized Representative of the above named insurance company(ies); that I have read the foregoing Certificate of Insurance and know the contents thereof; and that the policies of Insurance listed above provide the insurance coverage required by this Certificate of Insurance. Authorized Representative Subscribed and sworn to before me this day of .20 NOTARY PUBLIC in and for the State of Washington My commission expires: The undersigned further certifies that the above signed is his authorized insurance representative. Contractor 2. COMPENSATION INSURANCE The following coverages are provided as indicated: A. Workman's Compensation Act of the State of Washington (Account No. ) B. United States Longshoremen's and Harborworker's Compensation Act: YES ❑ NO ❑ Insurance Companyfies) Policy No Effective Expires City of Federal Way Le Residence Demolition Page 25 PWC ver 1-08 it . hereby certify that I am an Authorized Representative of the above named insurance company(ies); that I have read the foregoing Certificate of Insurance and know the contents thereof; and that the policies of insurance listed above provide the insurance coverage required by this Certificate of Insurance. Authorized Representative Subscribed and sworn to before me this day of .20 NOTARY PUBLIC in and for the State of Washington My commission expires: The undersigned further certifies that the above signed is his authorized insurance representative. Contractor City of Federal Way Le Residence Demolition Page 26 PWC ver 1-08 EXHIBIT G CITY OF FEDERAL WAY PERFORMANCE/ PAYMENT BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned , ("Principal") and the undersigned corporation organized and existing under the laws of the State of and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bonded unto the City of Federal Way, a Washington municipal corporation ("City') in the penal sum of Dollars and no/100 ($_ for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. This obligation is entered into an Agreement with the City dated .20 for NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement within a period of one (1) year after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the city, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. City of Federal Way Le Residence Demolition Page 27 PWC ver 1-08 In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ("USA&M'j. The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to completion of the mediation. DATED this _ day of 20 CORPORATE SEAL OF PRINCIPAL: PRINCIPAL am (Name of Person Executing Bond) Its: (Title) (Address) (Phone) CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that who signed the said bond on behalf of the Principal, was _ of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary of Assistant Secretary CORPORATE SEAL OF SURETY: 32 City of Federal Way Le Residence Demolition Page 28 PWC ver 1-08 SURETY Attorney -in -Fact (Attach Power of Attorney) (Name of Person Executing Bond) (Address) (Phone) APPROVED AS TO FORM: Patricia A. Richardson, City Attorney City of Federal Way Le Residence Demolition Page 29 PWC ver 1-08 EXHIBIT H TITLE VI ASSURANCES During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor') agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub -contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub -contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. S. Sanctions for Non-compliance In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: Withholding of payments to the contractor under the contract until the contractor complies, and/or; Cancellation, termination, or suspension of the contract, in whole or in part City of Federal Way Le Residence Demolition Page 30 PWC ver 1-08 6. Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub- contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub -contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. City of Federal Way Le Residence Demolition Page 31 PWC ver 1-08 APPENDIX B City of Federal Way Le Residence Demolition Page 32 PWC ver 1-08 State of Washington DEPARTMENT OF LABOR AND INDUSTRIES Prevailing Wage Section - Telephone (360) 902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage Rates For Public Works Contracts The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, workers' wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements is provided on the Benefit Code Key. KING COUNTY Effective 03-02-08 ********,e***************,r**,r****«******,►***tet**art************�,.*********************************,r********* (See Benefit Code Key) Over PREVAILING Time Holiday Mote Classification WAGE Code Code Code ASBESTOS ABATEMENT WORKERS JOURNEY LEVEL BOILERMAKERS JOURNEY LEVEL BRICK AND MARBLE MASONS JOURNEY LEVEL CABINET MAKERS (IN SHOP) JOURNEY LEVEL CARPENTERS ACOUSTICAL WORKER BRIDGE, DOCK AND WARF CARPENTERS CARPENTER CREOSOTED MATERIAL DRYWALL APPLICATOR FLOOR FINISHER FLOOR LAYER FLOOR SANDER MILLWRIGHT AND MACHINE ERECTORS PILEDRIVERS, DRIVING, PULLING, PLACING COLLARS AND WELDING SAWFILER SHINGLER STATIONARY POWER SAW OPERATOR STATIONARY WOODWORKING TOOLS CEMENT MASONS JOURNEY LEVEL DIVERS & TENDERS DIVER DIVER TENDER DREDGE WORKERS ASSISTANT ENGINEER ASSISTANT MATE (DECKHAND) BOATMEN ENGINEER WELDER LEVERMAN, HYDRAULIC MAINTENANCE MATES OILER DRYWALL TAPERS JOURNEY LEVEL ELECTRICAL FIXTURE MAINTENANCE WORKERS JOURNEY LEVEL Page 1 $36.24 IH 5D $33.32 1 $43.75 1 M 5A $16.67 1 $43.91 1 M 5D $43.75 IM 5D $43.75 IM 5D $43.85 1 M 5D $43.79 1M 5D $43.75 1 M 5D $43.75 1 M 5D $43.75 1M 5D $44.75 IM 5D $43.95 1 M 5D $43.75 1M 5D $43.75 1M 5D $43.75 1 M 5D $43.75 1 M 5D $44.58 1 M 5D $85.75 1 M 5D 8A $44.22 1 M 5D $44.59 1T 5D 8L $44.08 1T 513 8L $44.59 IT 5D 8L $44.64 1T 5D 8L $46.21 1T 5D 8L $44.08 1T 5D 8L $44.59 1T 5D 8L $44.21 1T 50 8L $43.59 IE 5P $18.69 KING COUNTY Effective 03-02-08 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code ELECTRICIANS - INSIDE CABLE SPLICER $55.05 1 E 5A CABLE SPLICER (TUNNEL) $58.86 1E 5A CERTIFIED WELDER $53.16 1E 5A CERTIFIED WELDER (TUNNEL) $57.15 1E 5A CONSTRUCTION STOCK PERSON $28.83 1 E 5A JOURNEY LEVEL $51.25 1E 5A JOURNEY LEVEL (TUNNEL) $55.05 1 E 5A ELECTRICIANS - MOTOR SHOP CRAFTSMAN $15.37 2A 6C JOURNEY LEVEL $14.69 2A 6C ELECTRICIANS - POWERLINE CONSTRUCTION CABLE SPLICER $56.53 4A 5A CERTIFIED LINE WELDER $51.64 4A '5A GROUNDPERSON $37.15 4A 5A HEAD GROUNDPERSON $39.19 4A 5A HEAVY LINE EQUIPMENT OPERATOR $51.64 4A 5A JACKHAMMER OPERATOR $39.19 4A 5A JOURNEY LEVEL LINEPERSON $51.64 4A 5A LINE EQUIPMENT OPERATOR $43.83 4A 5A POLE SPRAYER $51.64 4A 5A POWDERPERSON $39.19 4A 5A ELECTRONIC TECHNICIANS ELECTRONIC TECHNICIANS JOURNEY LEVEL $31.00 1 ELEVATOR CONSTRUCTORS MECHANIC $60.85 4A 6Q MECHANIC IN CHARGE $66.25 4A 6Q FABRICATED PRECAST CONCRETE PRODUCTS ALL CLASSIFICATIONS $13.15 2K 5B FENCE ERECTORS FENCE ERECTOR $18.71 1 FENCE LABORER $12.77 1 FLAGGERS JOURNEY LEVEL $31.01 1H 5D GLAZIERS JOURNEY LEVEL $43.76 1H 5G HEAT & FROST INSULATORS AND ASBESTOS WORKERS MECHANIC $46.59 1S 51 HEATING EQUIPMENT MECHANICS MECHANIC $33.65 1 HOD CARRIERS & MASON TENDERS JOURNEY LEVEL $36.75 1 H 5D INDUSTRIAL ENGINE AND MACHINE MECHANICS MECHANIC $15.65 1 INDUSTRIAL POWER VACUUM CLEANER JOURNEY LEVEL $9.24 1 INLAND BOATMEN CAPTAIN $38.87 1K 5B COOK $32.73 1K 5B DECKHAND $32.42 1K 5B ENGINEER/DECKHAND $35.20 1K 5B MATE, LAUNCH OPERATOR $36.85 1K 5B Page 2 KING COUNTY Effective 03-02-08 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code INSPECTION/CLEANING/SEALING OF SEWER & WATER SYSTEMS BY REMOTE CONTROL CLEANER OPERATOR, FOAMER OPERATOR $31.49 1 GROUT TRUCK OPERATOR $11.48 1 HEAD OPERATOR $24.91 1 TECHNICIAN $19.33 1 TV TRUCK OPERATOR $20.45 1 INSULATION APPLICATORS JOURNEY LEVEL $43.75 1 M 5D IRONWORKERS JOURNEY LEVEL $47.92 10 5A LABORERS ASPHALT RAKER $36.75 1H 5D BALLAST REGULATOR MACHINE $36.24 1 H 5D BATCH WEIGHMAN $31.01 1H 5D BRUSH CUTTER $36.24 1 H 5D BRUSH HOG FEEDER $36.24 1 H 5D BURNERS $36.24 1H 5D CARPENTER TENDER $36,24 1 H 5D CASSION WORKER $37.20 1 H 5D CEMENT DUMPERIPAVING $36.75 1H 5D CEMENT FINISHER TENDER $36.24 1 H 5D CHANGE -HOUSE MAN OR DRY SHACKMAN $36.24 1 H 5D CHIPPING GUN (OVER 30 LBS) $36.75 1 H 5D CHIPPING GUN (UNDER 30 LBS) $36.24 1 H 5D CHOKER SETTER $36.24 1H 5D CHUCKTENDER $36.24 1H 5D CLEAN-UP LABORER $36.24 1H 5D CONCRETE DUMPER/CHUTE OPERATOR $36.75 1 H 5D CONCRETE FORM STRIPPER $36.24 1H 5D CONCRETE SAW OPERATOR $36.75 1 H 5D CRUSHER FEEDER $31.01 1H 5D CURING LABORER $36.24 1H 5D DEMOLITION, WRECKING & MOVING (INCLUDING CHARRED MATERIALS) $36.24 1H 5D DITCH DIGGER $36.24 1H 5D DIVER $37.20 1H 5D DRILL OPERATOR (HYDRAULIC, DIAMOND) $36.75 1H 5D DRILL OPERATOR, AIRTRAC $37.20 1H 5D DUMPMAN $36.24 1H 5D EPDXY TECHNICIAN $36.24 1H 5D EROSION CONTROL WORKER $36,24 1H 5D FALLER/BUCKER, CHAIN SAW $36.75 1H 50 FINAL DETAIL CLEANUP (i.e., dusting, vacuuming, window cleaning; NOT $28.45 1H 5D construction debris cleanup) FINE GRADERS $36.24 1H 5D FIRE WATCH $31.01 1 5D FORM SETTER $36.24 1H 5D GABION BASKET BUILDER $36.24 1H 5D GENERALLABORER $36.24 1H 5D GRADE CHECKER & TRANSIT PERSON $36.75 1H 5D GRINDERS $36.24 1H 5D GROUT MACHINE TENDER $36.24 1H 5D Page 3 KING COUNTY Effective 03-02-08 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code GUARDRAIL ERECTOR $36.24 1 H 5D HAZARDOUS WASTE WORKER LEVEL A $37.20 1 H 5D HAZARDOUS WASTE WORKER LEVEL B $36.75 1 H 5D HAZARDOUS WASTE WORKER LEVEL C $36.24 1 H 5D HIGH SCALER $37.20 1H 5D HOD CARRIER/MORTARMAN $36.75 1H 5D JACKHAMMER $36.75 1 H 5D LASER BEAM OPERATOR $36.75 1 H 5D MANHOLE BUILDER-MUDMAN $36.75 1H 5D MATERIAL YARDMAN $36.24 1H 5D MINER $37.20 1 H 5D NOZZLEMAN, CONCRETE PUMP, GREEN CUTTER WHEN USING HIGH $36.75 1H 5D PRESSURE AIR & WATER ON CONCRETE & ROCK, SANDBLAST, GUNITE, SHOTCRETE, WATER BLASTER PAVEMENT BREAKER $36.75 1H 5D PILOT CAR $31.01 1 H 5D PIPE POT TENDER $36.75 1 H 5D PIPE RELINER (NOT INSERT TYPE) $36.75 1 H 5D PIPELAYER & CAULKER $36.75 1H 5D PIPELAYER & CAULKER (LEAD) $37.20 1 H 5D PIPEWRAPPER $36.75 1H 5D POT TENDER $36.24 1H 5D POWDERMAN $37.20 1H 5D POWDERMAN HELPER $36.24 1H 5D POWERJACKS $36.75 1H 5D RAILROAD SPIKE PULLER (POWER) $36.75 1H SD RE-TIMBERMAN $37.20 1H 5D RIPRAP MAN $36.24 1H 5D RODDER $36.75 1H 5D SCAFFOLD ERECTOR $36.24 1H 5D SCALE PERSON $36.24 1H 5D SIGNALMAN $36.24 1H 5D SLOPER (OVER 20") $36.75 1H 5D SLOPER SPRAYMAN $36.24 1H 5D SPREADER (CLARY POWER OR SIMILAR TYPES) $36.75 1H 5D SPREADER (CONCRETE) $36.75 1H 5D STAKE HOPPER $36.24 1H 5D STOCKPILER $36.24 1H 5D TAMPER & SIMILAR ELECTRIC, AIR. & GAS $36.75 1H 5D TAMPER (MULTIPLE & SELF PROPELLED) $36.75 1H 5D TOOLROOM MAN (AT JOB SITE) $36.24 1H 5D TOPPER-TAILER $36,24 1H 5D TRACKLABORER $36,24 1H 5D TRACK LINER (POWER) $36.75 1H 5D TRUCK SPOTTER $36.24 1H 5D TUGGER OPERATOR $36,75 1H 5D VIBRATING SCREED (AIR, GAS, OR ELECTRIC) $36.24 1H 5D VIBRATOR $36,75 1H 5D VINYL SEAMER $36.24 1H 5D WELDER $36.24 1H 5D WELL -POINT LABORER $36.75 1H 5D Page 4 KING COUNTY Effective 03-02-08 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code LABORERS - UNDERGROUND SEWER & WATER GENERAL LABORER $36.24 1H 5D PIPE LAYER $36.75 IH 5D LANDSCAPE CONSTRUCTION IRRIGATION OR LAWN SPRINKLER INSTALLERS $13.56 1 LANDSCAPE EQUIPMENT OPERATORS OR TRUCK DRIVERS $28.17 1 LANDSCAPING OR PLANTING LABORERS $17.87 1 LATHERS JOURNEY LEVEL $43.79 1M 5D METAL FABRICATION (IN SHOP) FITTER $15.86 1 LABORER $9.78 1 MACHINE OPERATOR $13.04 1 PAINTER $11.10 1 WELDER $15.48 1 MODULAR BUILDINGS CABINET ASSEMBLY $11.56 1 ELECTRICIAN $11.56 1 EQUIPMENT MAINTENANCE $11.56 1 PLUMBER $11.56 1 PRODUCTION WORKER $9.40 1 TOOL MAINTENANCE $11.56 1 UTILITY PERSON $11.56 1 WELDER $11.56 i PAINTERS JOURNEY LEVEL $33.94 2B 5A PLASTERERS JOURNEY LEVEL $43.10 113 5B PLAYGROUND & PARK EQUIPMENT INSTALLERS JOURNEY LEVEL $8.42 1 PLUMBERS & PIPEFITTERS JOURNEY LEVEL $57.34 113 5A POWER EQUIPMENT OPERATORS ASSISTANT ENGINEERS $42.14 1T 5D 8L BACKHOE, EXCAVATOR, SHOVEL (3 YD & UNDER) $44.92 1T 5D 8L BACKHOE, EXCAVATOR, SHOVEL (OVER 3 YD & UNDER 6 YD) $45.41 1 T 5D 8L BACKHOE, EXCAVATOR, SHOVEL (6 YD AND OVER WITH $45.96 1T 5D 8L ATTACHMENTS) BACKHOES, (75 HP & UNDER) $44.50 1T 5D 8L BACKHOES, (OVER 75 HP) $44.92 1T 5D 8L BARRIER MACHINE (ZIPPER) $44.92 1T 5D 8L BATCH PLANT OPERATOR, CONCRETE $44.92 1T 5D 8L BELT LOADERS (ELEVATING TYPE) $44.50 1T 5D 8L BOBCAT (SKID STEER) $42.14 1T 5D 8L BROOMS $42.14 IT 5D 8L BUMP CUTTER $44.92 1T 5D 8L CABLEWAYS $45.41 1T 5D 8L CHIPPER $44.92 1T 5D 81. COMPRESSORS $42.14 1T 5D 8L CONCRETE FINISH MACHINE - LASER SCREED $42,14 1T 5D 8L CONCRETE PUMPS $44.50 1T 5D SL CONCRETE PUMP -TRUCK MOUNT WITH BOOM ATTACHMENT $44,92 1T 5D 8L Page 5 KING COUNTY Effective 03-02-08 ********,r****,►*,►,rpt **********,r*******,r**,r**,t***,r*********,r********,r*,r,r*****,r***,t,r**,t,r**,r,r*,rt*,r,r******,tr.,+,t* (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code CONVEYORS $44.50 1T 50 8L CRANES, THRU 19 TONS, WITH ATTACHMENTS $44.50 1T 5D 8L CRANES, 20 - 44 TONS, WITH ATTACHMENTS $44.92 1 T 5D 8L CRANES, 45 TONS - 99 TONS, UNDER 150 FT OF BOOM (INCLUDING JIB $45.41 1 T 5D 8L WITH ATACHMENTS) CRANES, 100 TONS - 199 TONS, OR 150 FT OF BOOM (INCLUDING JIB $45.96 1T 5D 8L WITH ATTACHMENTS) CRANES, 200 TONS TO 300 TONS, OR 250 FT OF BOOM (INCLUDING JIB $46.53 IT 5D 8L WITH ATTACHMENTS) CRANES, A -FRAME, 10 TON AND UNDER $42,14 1T 5D 8L CRANES, A -FRAME, OVER 10 TON $44.50 1T 5D 8L CRANES, OVER 300 TONS, OR 300' OF BOOM INCLUDING JIB WITH $47.09 1T 5D 8L ATTACHMENTS CRANES, OVERHEAD, BRIDGE TYPE (20 - 44 TONS) $44.92 1T 5D 8L CRANES, OVERHEAD, BRIDGE TYPE (45 - 99 TONS) $45.41 IT 5D 8L CRANES, OVERHEAD, BRIDGE TYPE (100 TONS & OVER) $45.96 IT 5D 8L CRANES, TOWER CRANE UP TO 175' IN HEIGHT, BASE TO BOOM $45.96 1T 5D 8L CRANES, TOWER CRANE OVER 175' IN HEIGHT, BASE TO BOOM $46.53 1T 5D 8L CRUSHERS $44.92 1T 5D 8L DECK ENGINEER/DECK WINCHES (POWER) $44.92 1T 5D 8L DERRICK, BUILDING $45.41 1T 5D 8L DOZERS, D-9 & UNDER $44.50 1T 5D 8L DRILL OILERS - AUGER TYPE, TRUCK OR CRANE MOUNT $44.50 1T 5D 8L DRILLING MACHINE $44,92 1T 5D 8L ELEVATOR AND MANLIFT, PERMANENT AND SHAFT -TYPE $42.14 1T 5D 8L EQUIPMENT SERVICE ENGINEER (OILER) $44.50 1T 5D 8L FINISHING MACHINE/BIDWELL GAMACO AND SIMILAR EQUIP $44.92 1 T 5D 8L FORK LIFTS, (3000 LBS AND OVER) $44.50 1T 5D 8L FORK LIFTS, (UNDER 3000 LBS) $42,14 1T 5D 8L GRADE ENGINEER $44.50 1T 5D 8L GRADECHECKER AND STAKEMAN $42.14 1T 5D 8L GUARDRAIL PUNCH $44.92 1T 50 8L HOISTS, OUTSIDE (ELEVATORS AND MANLIFTS), AIR TUGGERS $44.50 1T 5D 8L HORIZONTAUDIRECTIONAL DRILL LOCATOR $44.50 1T 5D 8L HORiZONTAUDIRECTIONAL DRILL OPERATOR $44.92 1 T 5D 8L HYDRALIFTSBOOM TRUCKS (10 TON & UNDER) $42.14 1T 5D 8L HYDRALIFTSBOOM TRUCKS (OVER 10 TON) $44.50 1 T 5D 8L LOADERS, OVERHEAD (6 YD UP TO 8 YO) $45.41 1T 5D 8L LOADERS, OVERHEAD (8 YD & OVER) $45.96 1T 5D 8L LOADERS, OVERHEAD (UNDER 6 YD), PLANT FEED $44.92 1T 5D 8L LOCOMOTIVES, ALL $44.92 1T 5D 8L MECHANICS, ALL $45.41 1T 5D 8L MIXERS, ASPHALT PLANT $44.92 1T 5D 8L MOTOR PATROL GRADER (FINISHING) $44.92 1T 5D 8L MOTOR PATROL GRADER (NON -FINISHING) $44.50 1T 5D 8L MUCKING MACHINE, MOLE, TUNNEL DRILL AND/OR SHIELD $45.41 1T 5D 8L OIL DISTRIBUTORS, BLOWER DISTRIBUTION AND MULCH SEEDING $42.14 1T 5D 8L OPERATOR PAVEMENT BREAKER $42.14 1T 5D 8L PILEDRIVER (OTHER THAN CRANE MOUNT) $44.92 1T 5D 8L PLANT OILER (ASPHALT, CRUSHER) $44.50 1T 5D 8L POSTHOLE DIGGER, MECHANICAL $42.14 1T 5D 8L POWER PLANT $42.14 1T 5D 8L Page 6 KING COUNTY Effective 03-02-08 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code PUMPS, WATER $42.14 1T 5D 8L QUAD 9, D-10, AND HD -41 $45.41 1T 5D 8L REMOTE CONTROL OPERATOR ON RUBBER TIRED EARTH MOVING $45.41 1T 5D 8L EQUIP RIGGER AND BELLMAN $42,14 1T 5D 81. ROLLAGON $45.41 1T 5D 8L ROLLER, OTHER THAN PLANT ROAD MIX $42,14 1T 5D 8L ROLLERS, PLANTMIX OR MULTILIFT MATERIALS $44.50 1T 5D 8L ROTO -MILL, ROTO -GRINDER $44.92 1T 5D 8L SAWS, CONCRETE $44.50 1T 5D 8L SCRAPERS - SELF PROPELLED, HARD TAIL END DUMP, ARTICULATING $44,92 1T 5D 8L OFF-ROAD EQUIPMENT ( UNDER 45 YD) SCRAPERS - SELF PROPELLED, HARD TAIL END DUMP, ARTICULATING $45.41 1T 5D 8L OFF-ROAD EQUIPMENT (45 YD AND OVER) SCRAPERS, CONCRETE AND CARRY ALL $44.50 1 T 5D 8L SCREED MAN $44.92 1T 5D 8L SHOTCRETE GUNiTE $42,14 1T 5D 8L SLIPFORM PAVERS $45.41 1T 5D 8L SPREADER, TOPSIDE OPERATOR - BLAW KNOX $44,92 1T 5D 8L SUBGRADE TRIMMER $44.92 1T 5D 8L TOWER BUCKET ELEVATORS $44.50 1T 5D 8L TRACTORS, (75 HP & UNDER) $44.50 1T 5D 8L TRACTORS, (OVER 75 HP) $44.92 1T 5D 8L TRANSFER MATERIAL SERVICE MACHINE $44,92 1T 5D 8L TRANSPORTERS, ALL TRACK OR TRUCK TYPE $45.41 1T 5D 8L TRENCHING MACHINES $44.50 1T 5D 8L TRUCK CRANE OILER/DRIVER ( UNDER 100 TON) $44.50 1T 5D 8L TRUCK CRANE OILER/DRIVER (100 TON & OVER) $44.92 1T 5D 8L TRUCK MOUNT PORTABLE CONVEYER $44,92 1T 5D 8L WHEEL TRACTORS, FARMALL TYPE $42.14 1T 5D 8L YO YO PAY DOZER $44.92 1T 5D 8L POWER EQUIPMENT OPERATORS- UNDERGROUND SEWER & WATER (SEE POWER EQUIPMENT OPERATORS) POWER LINE CLEARANCE TREE TRIMMERS JOURNEY LEVEL IN CHARGE $37.61 4A 5A SPRAY PERSON $35.73 4A 5A TREE EQUIPMENT OPERATOR $36.19 4A 5A TREE TRIMMER $33.68 4A 5A TREE TRIMMER GROUNDPERSON $25.43 4A 5A REFRIGERATION & AIR CONDITIONING MECHANICS MECHANIC $55.41 1G 5A RESIDENTIAL BRICK & MARBLE MASONS JOURNEY LEVEL $27.05 1 RESIDENTIAL CARPENTERS JOURNEY LEVEL $23.47 1 RESIDENTIAL CEMENT MASONS JOURNEY LEVEL $22.64 1 RESIDENTIAL DRYWALL TAPERS JOURNEY LEVEL $43.59 1E 5P RESIDENTIAL ELECTRICIANS JOURNEY LEVEL $26.24 1 RESIDENTIAL GLAZIERS JOURNEY LEVEL $31.99 1H 5G Page 7 KING COUNTY Effective 03-02-08 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code RESIDENTIAL INSULATION APPLICATORS JOURNEY LEVEL $17.60 RESIDENTIAL LABORERS JOURNEY LEVEL $18.12 RESIDENTIAL PAINTERS JOURNEY LEVEL $18.36 RESIDENTIAL PLUMBERS & PIPEFITTERS JOURNEY LEVEL $22.95 RESIDENTIAL REFRIGERATION & AIR CONDITIONING MECHANICS JOURNEY LEVEL $55.41 RESIDENTIAL SHEET METAL WORKERS JOURNEY LEVEL (FIELD OR SHOP) $19.48 RESIDENTIAL SOFT FLOOR LAYERS JOURNEY LEVEL $36.08 RESIDENTIAL SPRINKLER FITTERS (FIRE PROTECTION) JOURNEY LEVEL $31.01 RESIDENTIAL TERRAZZO/TILE FINISHERS JOURNEY LEVEL $26.30 RESIDENTIAL TERRAZZO/TILE SETTERS JOURNEY LEVEL $41.96 ROOFERS JOURNEY LEVEL $36.78 USING IRRITABLE BITUMINOUS MATERIALS $39.78 SHEET METAL WORKERS JOURNEY LEVEL (FIELD OR SHOP) $51.97 SHIPBUILDING & SHIP REPAIR BOILERMAKER $31.46 CARPENTER $30.74 ELECTRICIAN $30.37 HEAT & FROST INSULATOR $46.59 LABORER $29.26 MACHINIST $30.29 OPERATOR $30.22 PAINTER $32.34 PIPEFITTER $30.22 RIGGER $30.33 SANDBLASTER $3022 SHEET METAL $30.48 SHIPFITTER $30.32 TRUCKER $30.17 WAREHOUSE $30.20 WELDER/BURNER $30.32 SIGN MAKERS & INSTALLERS (ELECTRICAL) SIGN INSTALLER $22.92 SIGN MAKER $21.36 SIGN MAKERS & INSTALLERS (NON -ELECTRICAL) SIGN INSTALLER $27.28 SIGN MAKER $33.25 SOFT FLOOR LAYERS JOURNEY LEVEL $36.08 SOLAR CONTROLS FOR WINDOWS JOURNEY LEVEL $12.44 Page 8 1 1 1 1 1G 5A 1 16 5A 1B 5C 1 1M 5A 1R 5A 1R 5A 1E 6L 1H 6W 1B 6X 1B 6X is 51 1B 6X 1B 6X 1B 6X I 6X 16 6X 18 6X 1B 6X 1B 6X 1B 6X 1B 6X 16 6X 1B 6X 1 1 1 1 1B 5A 1 5S KING COUNTY Effective 03-02-08 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code SPRINKLER FITTERS (FIRE PROTECTION) JOURNEY LEVEL $55.64 1X 5C STAGE RIGGING MECHANICS (NON STRUCTURAL) JOURNEY LEVEL $13.23 1 SURVEYORS CHAIN PERSON $9.35 1 INSTRUMENT PERSON $11.40 1 PARTY CHIEF $13.40 1 TELECOMMUNICATION TECHNICIANS TELECOMMUNICATION TECHNICIANS JOURNEY LEVEL $22.76 1 TELEPHONE LINE CONSTRUCTION - OUTSIDE CABLE SPLICER $30.66 2B 5A HOLE DIGGER/GROUND PERSON $17.19 2B 5A INSTALLER (REPAIRER) $29.41 2B 5A JOURNEY LEVEL TELEPHONE LINEPERSON $28.53 2B 5A SPECIAL APPARATUS INSTALLER 1 $30.66 2B 5A SPECIAL APPARATUS INSTALLER 11 $30.05 28 5A TELEPHONE EQUIPMENT OPERATOR (HEAVY) $30.66 28 5A TELEPHONE EQUIPMENT OPERATOR (LIGHT) $28.53 2B 5A TELEVISION GROUND PERSON $16.31 2B 5A TELEVISION LINEPERSON/INSTALLER $21.68 2B 5A TELEVISION SYSTEM TECHNICIAN $35.78 2B 5A TELEVISION TECHNICIAN $23.19 2B 5A TREE TRIMMER $28.53 2B 5A TERRAZZO WORKERS & TILE SETTERS JOURNEY LEVEL $41.96 1M 5A TILE, MARBLE & TERRAZZO FINISHERS FINISHER $35.79 i B 5A TRAFFIC CONTROL STRIPERS JOURNEY LEVEL $36.40 1K 5A TRUCK DRIVERS ASPHALT MIX (TO 16 YARDS) $41.19 1T 5D 8L ASPHALT MIX (OVER 16 YARDS) $41.90 1T 5D 8L DUMP TRUCK $41.19 1T 5D 8L DUMP TRUCK & TRAILER $41.90 1 T 5D 8L OTHER TRUCKS $41.90 1T 5D 8L TRANSIT MIXER $23.45 1 WELL DRILLERS & IRRIGATION PUMP INSTALLERS IRRIGATION PUMP INSTALLER $17.71 1 OILER $12.97 1 WELL DRILLER $1800 1 Page 9 APPENDIX C (ATTACH WARRANTIES) City of Federal Way Le Residence Demolition Page 33 PWC ver 1-08 G:\LAWFORMS\City-wide\Public Works Contract Update 12/07 City of Federal Way Le Residence Demolition Page 34 PWC ver 1-08 Report Date: January 8, 2008 City of Federal Way Attn: Greg Vayse P.O. Box 9718 Federal Way, WA 98063 WBE W2F5912535 Executive Summary RE: Asbestos Survey Report — 32821 — 42nd Ave. SW; Federal Way, WA — ORION Project # 080015 Dear Mr. Vayse: On January 2, 2008 under an agreement with your organization, we performed a asbestos survey on the partially burnt residential structure located at 32821 — 42nd Avenue South West in Federal Way, Washington. At your request, the purpose of this survey was to ascertain the existence of asbestos containing materials of the residential structure, as well as providing characterization and quantities. This structure is a two-story, wood construction on concrete foundation with a basement. Area size of this structure was estimated at approximately 2,400 square feet of floor space. The structure was built during the 1980s. The exterior finishes consist of wood siding, slip sheeting and three -tab roofing. The interior finishes consist of vinyl tile, insulation, wallboard and slip sheeting. The lighting consists of incandescent lighting and the structure has gas forced air heating. This survey was performed in conformance with procedures and methods outlined in applicable federal, state, and local regulations. This survey was performed by an accredited AHERA Building Inspector Ronald Coleman (ABIR-NES-08-010; Expiration Date: June 26, 2008). Investigating Protocol and Findings All samples were homogenized, collected, processed, and analyzed for content by Polarized Light Microscopy. AHERA protocol provides guidance for the number of samples of each material to be collected depending on its category and amount of material present. The goal of AHERA is to ensure statistically reliable data and it accomplishes this by requiring or suggesting a minimum number of samples to be collected, and in some cases, by using random sampling techniques to determine sampling locations. Building materials that contain asbestos fibers in the amounts greater than 1 percent (1%) is regulated by the Occupational Safety and Health Administration (OSHA) and Puget Sound Clean Air Agency. Material(s) meeting this criterion are noted in the table below: 34004 91Avenue South ♦ Building A, Suite 5 ♦ Federal Way, Washington 98003 Telephone (253) 952-6717 ♦ Facsimile (253) 927-4714 Surface Material 1(SM11 Sample Numbers • 32821-01 • 32821-02 • 32821-03 Suspect Inventory (Positive) Material Description: Popcorn Ceiling Texture; Friable Material Location: Material located throughout the Structure on Wallboard. Rance Asbestos Content: 2 - 3 % Chrysotile Fibers. Estimated Quantity: Approximately 2,160 square feet. Recommendation: Remove prior to demolition. Contractors should perform a site visit to validate the location, amount for any given material. Suspect materials processed and found non -detect or containing < 1% for containing asbestos are listed in the table below: Suspect Material Inventory (Negative) Wall System 1 (WSI) Slip Sheeting 1 (SSI) Insulation 1 (INS1) Insulation 2 (INS2) Insulation 3 (INS3) Vinyl Tile 1(VT1) Roofing Material 1 (RMI) Surface Material 2 (SM2) Miscellaneous 1 (MISC1) Miscellaneous 2 (MISC2) Orion Environmental Report #080015 32821-42 nd Ave SW.; Federal Way, WA Wallboard; Associated Texture Building Paper Attic Insulation Brown Insulation Yellow Insulation Light Brown and Tan 12"x 12" Self -Adhesive Vinyl Tile Three -Tab Roofing; Associated Building Paper Wall Texture Ceramic Tile Mortar Ceramic Wall Tile Mortar Negative for ACM T January 8, 2008 Page 2 of 4 Please note that should additional materials (not referenced in this report) be discovered as a result of remodeling or demolition, they are to be presumed asbestos containing unless subsequent sampling by an accredited inspector proves otherwise. Inaccessible Locations ORION Environmental Services cannot make statements as to the potential presence or absence of asbestos containing materials in inaccessible areas or areas not considered. Disclaimer ORION Environmental Services has conducted a survey for asbestos containing materials of the partially burnt residential structure located at 32821 — 42nd Avenue South West in Federal Way, Washington in conformance with the requirements established by the United States Environmental Protection Agency and the Occupational Safety and Health Administration prior to the engagement of renovation or demolition of the building. The sampling strategy and analytical method employed conform to existing and enforceable standards and methods. This Executive Summary of the investigation performed at the subject site is intended to describe asbestos containing materials with the potential of being impacted. We represent that our services were performed within the limits prescribed by applicable regulations and in a manner consistent with the level of care and skill ordinarily exercised by other professional consultants under similar circumstances. No other representation is made to the client, expressed or implied, and no warranty or guarantee is included or intended. The opinions presented herein apply to the site conditions existing at the time of our investigation, and interpretation of current regulations pertaining to asbestos containing material. Therefore, our opinions and recommendations may not apply to future conditions that may exist at the site we have not had the opportunity to evaluate. Future regulations pertaining to these materials may impose stricter restrictions on renovation or demolition work. The regulations should always be verified prior to any work involving these materials. The inspector is not held responsible or liable for any repairs or replacements with regards to this property, systems, components, or the contents therein. The acceptance of this report by the client acknowledges the client's agreement to all of the terms and conditions of the inspection contract. ORION retains active copies of reports for a period of not less than one year. Retained copies of reports, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by ORION as instruments of service, shall remain the property of ORION. Other than the Client, other agencies of the U.S. Federal Government, and the Owner, reports submitted with respect to services performed under this contract may not be extended to third parties without prior written consent. Orion Environmental Report #080015 January 8, 2008 32821-42 nd Ave SW.; Federal Way, WA Page 3 of 4 Questions concerning this Executive Summary may be addressed the undersigned. Thank you for the opportunity to serve you. I hope we can be of assistance to you on future projects. If there is anything additional I can do to expedite your operation, please do not hesitate to let me know. Professionally Yours, ORION Environmental Services, Inc Building Inspector Ronald Coleman AHERA Building Inspector ORION Environmental Services Orion Environmental Report #080015 32821 - 42nd Ave SW.; Federal Way, WA Reviewer FMff�-dwl Donna McNeal AHERA Building Inspector, CEO ORION Environmental Services January 8, 2008 Page 4 of 4 ` CITY OF ,'�.. Federal Way MEMORANDUM To: Land Use/Transportation Committee (LUTC) From: Greg Vause, Code Compliance Officer Subject: Demolition Bid for Le Residence Date: March 31, 2008 On February 13, 2008, the City of Federal Way Improvement Officer held a hearing and determined that the Le house (located at 32821 42nd Avenue SW) meets the city's definition under Federal Way City Code 1-30, "Unfit Building," and should be demolished. On March 21ST, the city opened the bids on the RFQ. The lowest responsive, responsible bidder is Hoffman Construction Inc., with a total bid of $34,044.32. Reference checks on Hoffman Construction by city staff indicated that this contractor has performed similar work in the past. As a result, city staff believes Hoffinan Construction can successfully complete this project to the city's satisfaction. Therefore the lowest responsive, responsible bidder is Hoffinan Construction in the amount of $34,044.32. IACMease filc\LE DEMO\03312008 memo W council.doc COUNCIL MEETING DATE: April 15, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: South 3201h Schedule 74 Undergrounding Agreement with PSE and Reimbursement Contract with Quadrant Corporation POLICY QUESTION: Should the Council authorize staff to enter into a Schedule 74 Undergrounding Agreement with Puget Sound Energy and a Reimbursement Contract with Quadrant Corporation for the undergrounding of the overhead utilities on S 320th Street? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 7, 2008 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution E1,, -Other STAFF REPORT BY: Marwan Salloum P.E. Street System Mana er DEPT: Public Works Attachments: 1. Memo to Land Use /Transportation Committee dated April 7, 2008. 2. Draft South 320th Undergrounding Reimbursement Contract with Quadrant Corporation 3. Schedule 74 agreements with PSE Options Considered: 1. Authorize staff to enter into a Schedule 74 Undergrounding Agreement with Puget Sound Energy and a Reimbursement Contract with Quadrant Corporation for the undergrounding of the overhead utilities on S 320th Street 2. Do not authorize staff to proceed and provide direction to staff. STAFF RECOMMENDATION: Staff recom nds Option 1. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: t�i C ee to Council to Committee To Council COMMITTEE RECOMMENDATION: Place Option 1 on the April 15, 2008 Council Consent Agenda for approval Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to enter into a Schedule 74 Undergrounding Agreement with Puget Sound Energy and a Reimbursement Contract with Quadrant Corporation for the undergrounding of the overhead utilities on S 32e Street. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 7, 2008 TO: Land Use and Transportation Committee VIA: Cary M. Roe, P.E., Assistant City Manager, Chief Vperations Officer, Emergency Manager v k FROM: Marwan Salloum, P. E. Street Systems Manager SUBJECT: South 320th Schedule 74 Undergrounding Agreement with PSE and Reimbursement Contract with Quadrant Corporation BACKGROUND: Quadrant is in the process of developing a Small Lot Demonstration project that abuts the South 320th Street Right of Way between 32"d Ave South and the west property line of the South King Fire and Rescue Station #64. Quadrant's project is a demonstration project that takes advantage of a new type of zoning regulation in the City (Small Lot Detached Dwelling Units). The City has authorized demonstration projects such as this to show the utility of the new zoning regulations with the hope that it will provide additional options to encourage affordable density in a single family residential setting. Quadrant's Project would normally be required to underground the 12.5 KV local power distribution line and other overhead utilities along the north margin of South 3206h Street fronting the property. The cost of the undergrounding requirement could potentially mean that Quadrant's project would not be able to proceed or be completed as planned. The City has identified the undergrounding of the overhead utility distribution lines along South 320th Street as part of the S 320th Street HOV Project (I-5 to Peasley Canyon Road) on the City's Capital Improvement Plan, to be implemented upon appropriation of funding. It is in the City's and the public interest to underground the overhead utility distribution lines in this area. It is also in the City's interest for the Small Lot Demonstration project to proceed in order to demonstrate the value and utility of the new zoning regulations, which are designed to encourage more affordable housing and provide more residential options in higher density zones to help meet the City's density requirements. The City has the authority to enter into a Schedule 74 underground Conversion agreements with Puget Sound Energy ("PSE") under PSE's Electric Tariff G, through which PSE would bear some of the cost of undergrounding its local power distribution lines. PSE has no objection to this. Quadrant desires that the City enter into a Schedule 74 agreement (see attached copy) for the Quadrant Segment with assurances that Quadrant will reimburse the City for any City incurred costs resulting or associated with Schedule 74 agreements or the project that results from it, in order to reduce the costs associated with Quadrant's project and ensure its viability. The City desires to enter into the Schedule 74 agreements with Quadrant's assurances of this reimbursement to ensure that the power distribution lines are undergrounded and that the Small Lot Demonstration project succeeds. cc: Project File kAutc\2008\04-07-08 Quadrant S320th st. undergrounding reimbursement Agreement.doc CONTRACT FOR SOUTH 320TH UNDERGROUNDING REIMBURSEMENT THIS CONTRACT ("Contract') is dated effective this day of , 200_ and is made by and between the City of Federal Way, a Washington municipal corporation ("City', and The Quadrant Corporation, a Washington corporation ("Quadrant'. A. Quadrant is in the process of developing a Small Lot Demonstration project ("Quadrant's Project's that abuts the South 320th Street Right of Way between 32nd Ave South and the West property line of the South King Fire and Rescue Station #64 in Federal Way, Washington ("Property'. Quadrant's Project is a demonstration project that takes advantage of a new type of zoning regulation in the City of Federal Way (Small Lot Detached Dwelling Units). Quadrant's Project would normally be required to underground the 12.5 KV local power distribution line along the north margin of South 320"' Street fronting the Property ("Quadrant Segment'. The cost of this requirement could potentially mean that Quadrant's Project would not be able to proceed or be completed as planned. B. The City of Federal Way has identified the undergrounding of the local power distribution line along South 320"' Street as part of the S320th Street HOV Project (I-5 to Peasley Canyon Road) on the City's Capital Improvement Plan, to be implemented upon designation of funding. It is in the City's and the public interest to underground the local power distribution line in this area. It is also in the City's interest for the Small Lot Demonstration project to proceed in order to demonstrate the value and utility of the new zoning regulations, which are designed to encourage more affordable housing and provide more residential options in higher density zones to help meet the City's density requirements. C. Puget Sound Energy ("PSE'l has a Franchise to operate an electrical power distribution system within the City of Federal Way. The City has the authority to enter into a Schedule 74 agreement with PSE under PSE's Electric Tariff G, through which PSE would bear some of the cost of undergrounding its local power distribution line. D. Quadrant desires that the City enter into a Schedule 74 agreement for the Quadrant Segment with assurances that Quadrant will reimburse the City for any City incurred costs resulting or associated with that agreement or the project that results from it, in order to reduce the costs associated with Quadrant's Project and ensure its viability. The City desires to enter into the Schedule 74 agreement with Quadrant's assurances of this reimbursement to ensure that the power distribution line is undergrounded and that the Small Lot Demonstration project succeeds. NOW, THEREFORE, the City and Quadrant ("Parties') agree to the following terms and conditions: 1. CITY'S OBLIGATIONS The City agrees within 14 days after the mutual execution of this Contract to notify PSE that an underground distribution system is required on the Quadrant Segment under Schedule 74 of PSE's Electric Tariff G. The City further agrees to initiate at that time the process that will expeditiously lead to entering into a Project Design Agreement and a Project Construction Agreement under Schedule 74 of PSE's Electric Tariff G (collectively, "Schedule 74 Agreement'l with PSE to underground the 12.5 KV local power distribution line on the Quadrant Segment. The Schedule 74 Agreement will be substantially in the forms attached to this Contract as Exhibit A with Attachments A and B. 2. QUADRANT'S OBLIGATIONS 2.1 Quadrant agrees to reimburse the City for all of the costs actually incurred by the City as a result of the City entering into the Schedule 74 agreement ("Costs'). Costs include, but are not limited to, costs of design, construction, legal services, engineering, planning, administrative, and associated costs incurred by the City of Federal Way resulting from the City entering into the Schedule 74 agreement, including City staff costs or work performed by the City including any such costs not covered by the Schedule 74 Agreement. Costs also include, but are not limited to, costs associated with Schedule 74 Section 2.b, including costs associated with power distribution lines located outside a public thoroughfare or located pursuant to rights not derived from a franchise or pursuant to rights not otherwise granted by the City, less any portion paid by PSE; costs associated with any cancellation of the Schedule 74 Agreement; costs associated with any installation or removal of facilities installed to provide temporary service; costs associated with obtaining rights to underground or install facilities required to be installed outside the public thoroughfare; costs associated with any trenching and restoration and job coordination required for installation of the underground distribution system; costs associated with any surveying for alignment and grades of vaults and ducts. It is contemplated that a portion of the work covered by the Schedule 74 Agreement will be performed by Quadrant; Costs under this Contract shall include costs, within the categories described in this Section 2, of such work by Quadrant. 2.2 Quadrant will also pay all costs of undergrounding all other franchise utilities currently collocated with the PSE power distribution line, including, but not limited to, design, construction, and any associated costs. These other costs will be paid directly by Quadrant and will not be incurred by the City. 3. PROCEDURE FOR REIMBURSEMENT 3.1 Phase 1 Estimated Costs. The City and Quadrant have agreed on an estimate of design and engineering Costs, together with related City administrative Costs (collectively, "Phase 1 Costs'. The estimated amount of Phase 1 Costs ("Phase 1 Estimated Costs') is $80,000. Within 5 business days after the mutual execution of this Contract, Quadrant shall deposit such amount into an account designated by the City. 3.2 Phase 2 Estimated Costs. Construction Costs and any other Costs not included within the categories of Phase 1 Costs, including related City administrative Costs, are referred to collectively as "Phase 2 Costs." On the date of this Contract, the Parties anticipate that Phase 2 Costs will total around $240,000, but both Parties acknowledge that that amount will change as planning proceeds. The City and Quadrant, both acting reasonably, shall use diligent efforts to reach an agreement on estimated Phase 2 Costs ("Phase 2 Estimated Costs') no later than the execution of the Schedule 74 Construction Agreement, as described in Section 1. Within 20 days after their agreement on Phase 2 Estimated Costs, Quadrant shall deposit into an account designated by the City the amount of the Phase 2 Estimated Costs. 3.3 Actual vs. Estimated Costs. The City agrees to keep accurate records concerning Costs, incurred under the Schedule 74 Agreement and otherwise. If the actual Costs exceed -2- South 320"' Undergrounding Reimbursement Contract the estimate, Quadrant agrees to deposit the amount of the excess on a monthly basis, within 30 days of receipt of a voucher or invoice from the City, itemizing the costs incurred in reasonable detail against the relevant agreed estimate. To the extent the actual Phase 1 Costs are less than Phase 1 Estimated Costs, the excess shall be held by the City and applied to any overruns of Phase 2 Costs. To the extent that Phase 1 Costs and Phase 2 Costs in the aggregate are less than Phase 1 and Phase 2 Estimated Costs, the City will reimburse Quadrant upon the conclusion of the undergrounding project, no later than when the final payment is required to be made under Section 7(e) of the Schedule 74 Project Construction Agreement. The City and Quadrant will each be entitled to receive all information concerning the undergrounding project and Schedule 74 Agreement that is received by either of them. In addition, the City shall from time to time on request of Quadrant provide a reasonable detailed accounting of all Costs incurred to date, reconciled against the relevant agreed estimate. 4. INDEMNIFICATION 4.1 Quadrant Indemnification. Quadrant agrees to indemnify, defend, and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and -all attorney fees) to or by any and all persons or entities, including, without limitation, their respective employees, agents, licensees, or representatives, arising from, resulting from, or connected with this Contract to the extent caused by the negligent acts, errors or omissions of Quadrant, its partners, shareholders, agents, or employees, or by Quadrant's breach of this Contract. For the sole purpose of giving effect to the foregoing indemnity, and only to the extent necessary for that purpose, Quadrant waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Quadrant's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 4.2 City Indemnification. The City agrees to indemnify, defend, and hold Quadrant, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective employees, agents, licenses, or representatives, arising from, resulting from or connected with this Contract to the extent caused by the negligent acts, errors, or omissions of the City, its employees or agents. The City's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 4.3 Survival. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 5. INDEPENDENCE It is the intention and understanding of the Parties that each shall be independent of the other and not agents of the other, and that neither is liable nor obligated to pay the other or the other's employee's sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. No joint venture is intended to be created. PSE is likewise an independent third party entity and not an agent of -3- South 320th Undergrounding Reimbursement Contract either Party. The City does not warrantee, guarantee, or indemnify against any act or omission of PSE. 6. GENERAL PROVISIONS 6.1 Entire Contract. This Contract, including the Exhibit, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 6.2 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 6.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 6.4 Assignment. Quadrant shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release Quadrant from any of its obligations or liabilities under this Contract. 6.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 6.6 Attorney Fees. In the event of any litigation, arbitration or other proceeding arising out of or brought to enforce or interpret this Contract, the substantially prevailing party therein shall be entitled to an award of its reasonable attorneys' fees incurred therein, in the preparation therefor, and on any appeal or rehearing thereof. The venue for any dispute related to this Contract shall be King County, Washington. 6.7 No Waiver. Failure of either Party to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of either Party to declare one breach or default does not act as a waiver of that Party's right to declare another breach or default. 6.8 Governing Law. This Contract is made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 6.9 Authori . Each individual executing this Contract on behalf of the City or Quadrant represents and warrants that such individual is duly authorized to execute and deliver this Contract on behalf of such Party. 6.10 Notices. Any notices required to be given by the City to Quadrant or by Quadrant to the City shall be delivered to the Parties at the addresses set forth below. Any notices may be (i) delivered personally to the addressee of the notice (ii) deposited in the United States mail, postage prepaid, to the address set forth herein, or (iii) sent by Fedex or other recognized overnight courier service to the address set forth herein. Any notice so posted in the United -4- South 320"' Undergrounding Reimbursement Contract States mail shall be deemed received three (3) days after the date of mailing. Any notice so sent by overnight courier shall be effective on the business day following receipt by the courier. 6.11 Captions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 6.12 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. 6.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91- 54, as amended, occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and void, at the City's option. 6.14 Counterparts. This Contract may be executed in any number of identical counterparts, which counterparts shall collectively constitute the entire Contract. 6.15 Equal Opportunity to Draft. The parties have participated and had an equal opportunity to participate in the drafting of this Contract, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. [signatures next page] -5- South 320"' Undergrounding Reimbursement Contract DATED the day and year set forth above. CITY OF FEDERAL WAY By: ATTEST: City Clerk, Laura Hathaway, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson [signatures continue on next page] Cary M. Roe, P.E. Assistant City Manager/Chief Operating Officer Emergency Manager 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 -6- South 320th Undergrounding Reimbursement Contract THE QUADRANT CORPORATION STATE OF WASHINGTON ) ss. COUNTY OF By: (Signature) (Name) Quadrant Homes Attn: George Cook 14725 SE 36th Street, Suite 200 Bellevue WA 98006 Mailing address: PO Box 130 Bellevue WA 98009 (Address) 425.455.2900 (Phone) On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 200_. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires Exhibits A Schedule 74 Attachment A Project Design Agreement Attachment B Project Construction Agreement -7- South 320th Undergrounding Reimbursement Contract SCHEDULE 74 UNDERGROUND CONVERSION Project Design Agreement Project Name: _ Project Number: THIS Agreement, dated as of this day of , 200._, is made by and between , a (the "Government Entity"), and PUGET SOUND ENERGY, Inc., a Washington Corporation (the "Company"). RECITALS A. The Company is a public service company engaged in the sale and distribution of electric energy and, pursuant to its franchise or other rights from the Government Entity, currently locates its electric distribution facilities within the jurisdictional boundaries of the Government Entity. B. The Government Entity is considering conversion of the Company's existing overhead electric distribution system to a comparable underground electric distribution, as more specifically described in the Scope of Work (as defined in paragraph 2, below) furnished to the Company by the Government Entity (the "Conversion Project"). C. The Government Entity has requested that the Company perform certain engineering design services and otherwise work cooperatively with the Government Entity to develop a mutually acceptable Project Plan (as defined in paragraph 6, below) for the Conversion Project, in accordance with and subject to the terms and conditions of this Agreement (the "Design Work"). D. The Government Entity and the Company wish to execute this written contract in accordance with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the Design Work for the Conversion Project. AGREEMENT The Government Entity and the Company therefore agree as follows: 1. Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same meanings when used in this Agreement. 2. The Government Entity shall, within ten (10) business days after the date of this Agreement, provide the Company with a written scope of work for the Conversion Project which includes, among other things, (a) a reasonably detailed description of the scope of the work required for the Conversion Project, (b) a list of the key milestone dates for the Conversion Project, (c) reasonably detailed drawings showing any associated planned improvements to the Public Thoroughfare, and (d) a statement as to whether the Government Entity desires to install the ducts and vaults for the Conversion Project (the 'Scope of Work"). The Government Entity shall provide the Company two (2) hard copies of the Scope of Work and a copy of the relevant electronic file(s) in a mutually agreed electronic format. 3. Within ten (10) business days of its receipt of the Scope of Work, the Company shall prepare and submit to the Government Entity (a) a reasonably detailed, good faith estimate of the cost to perform the Design Work (the 'Design Cost Estimate"), and (b) a proposed schedule for completion of the Design Work which, to the extent reasonably practicable, reflects the applicable key milestone dates Design Agreement, Attachment "A" to Schedule 74, Page 1 [insert project name here] Z specified in the Scope of Work and provides for completion of the Design Work within ninety (90) business days from the date the Company receives the Government Entity`s notice to proceed under paragraph 5, below (the "Design Schedule"). The proposed Design Cost Estimate and the proposed Design Schedule shall be based upon the then -current Scope of Work. Unless otherwise specified in the Scope of Work, the Design Work shall not include negotiation or acquisition of third party property rights but shall include preliminary planning between the Company and the Government Entity regarding their respective obligations for negotiating and acquiring third party property rights. 4. Within ten (10) business days after the Government Entity's receipt of the proposed Design Cost Estimate and the proposed Design Schedule from the Company, the Government Entity and the Company shall meet in order to (a) review the proposed Design Cost Estimate, (b) review the proposed Design Schedule; (c) review the Scope of Work, and (d) make any changes necessary to create a final Scope of Work, final Design Cost Estimate, and final Design Schedule that are reasonably acceptable to both parties. If the parties are unable to agree upon a final version of the Scope of Work, Design Cost Estimate, and/or Design Schedule, then either party may, by written notice to the other party, submit the matter for resolution pursuant to the dispute resolution procedures in paragraph 16, below. The final Scope of Work, Design Cost Estimate and Design Schedule, once determined in accordance with this paragraph 4, may thereafter be changed or amended only in accordance with the change procedures set forth in paragraph 13, below. 5. The Government Entity shall, within ten (10) business days after determination of the final of the Scope of Work, Design Cost Estimate, and Design Schedule, issue (a) a written notice to proceed which shall delineate the final Scope of Work, Design Cost Estimate, and Design Schedule, or (b) a written notice to terminate this Agreement without cost to the Government Entity. If the Government Entity terminates this Agreement, the costs incurred by the Company in preparing and submitting the Design Cost Estimate and the Design Schedule shall not be reimbursable to the Company, and the rights and obligations of the parties under this Agreement shall be terminated in their entirety and without liability to either party. 6. Following the Company's receipt of the notice to proceed, and within the applicable time period specified in the Design Schedule, the Company shall, with the cooperation and assistance of the Government Entity as outlined in this Agreement, prepare a project plan for the Conversion Project (the "Project Plan') which shall include, among other things, the following: (a) a detailed description of the work that is required to be performed by each party and any third party in connection with the Conversion Project (the "Construction Work*), (b) the applicable requirements, drawings, and specifications for the Construction Work, (c) a description of any operating and other property rights that are required to be obtained by each party for the Conversion Project (and the requirements and specifications with respect thereto), (d) a detailed estimate of the costs to be incurred by each party in its performance of the Construction Work, and (e) a detailed schedule for completing the Construction Work (including, without limitation, the dates for delivery of the ducts and vaults and other materials for use at the site of the Construction Work). 7. The Government Entity shall be responsible for coordinating the Design Work with all other design work to be performed in connection with the Conversion Project and any associated planned improvements to the Public Thoroughfare. The parties shall work together In an effort to mitigate the costs of the Conversion Project to each party, including, without limitation, identifying ways to accommodate the facilities of the Company to be installed as part of the Conversion Project within the Public Thoroughfare. 8. Within the applicable time period specified in the Design Schedule, the Company shall prepare and submit to the Government Entity a proposed initial draft of the Project Plan. The parties understand and acknowledge that the proposed Project Plan submitted by the Company shall be preliminary in nature and shall not include, without limitation, information required to be supplied by the Government Entity (e.g., scope and estimate of the cost of the Construction Work to be performed by the Government Entity). Design Agreement, Attachment "A" to Schedule 74, Page 2 [insert project name here] 9. Within the applicable time period specified in the Design Schedule, the Government Entity shall (a) review the proposed Project Plan submitted by theCompany, (b) complete any information required to be supplied by the Government Entity, (c) make any changes required to conform the Proposed Project Plan to the Scope of Work and this Agreement, and (d) return the amended Project Plan to the Company. 10. Within the applicable time period specified in the Design Schedule, the Company shall review the amended Project Plan submitted by the Government Entity and noty the Government Entity in writing of either the Company's acceptance of, or the Company's specific If to, the amended Project Plan. If the Company makes any objection to the amended Project Plan, and the parties are unable to resolve the objections and mutually agree upon the Project Plan prior to the final design date specified in the Design Schedule, then either party may, by written notice to the other party, submit the matter for resolution pursuant to the dispute resolution procedures in paragraph 16, below. The Project as mutually agreed upon by the parties or established through the dispute resoPlan, lution process, shalt be attached to and incorporated in a Project Construction Agreement substantially in the form attached hereto as Exhibit A (the "Construction Agreement") which is to be signed by the parties prior to commencement of the Construction Work. 11. The parties intend and agree that the Design Work and the Project Plan in its final form shall conform to the following requirements: (a) The Project Plan shall, if requested by the Government Entity in its initial Scope of Work, specify that the Government Entity shalt install the ducts and vaults for the Conversion Project; provided that (i) the parties mutually agree upon and set forth in the Project Plan (A) the costs of such installation work to be included in the Cost of Conversion, and (B) the specifications and standards applicable to such installation work, and (ii) such installation work is accomplished by the Government Entity in accordance with the applicable design and construction specifications provided by the Company and set forth in the Project Plan. (b) Each estimate of the costs to be incurred by a party shall, at a minimum, be broken down by (i) the design and engineering costs, (ii) property and related costs, including any costs of obtaining operating rights, and (iii) construction costs, including and listing separately inspection, labor, materials, and equipment. (c) All facilities of the Company installed as part of the Conversion Project shall be located, and all related property and operating rights shall be obtained, in the manner set forth in the applicable provisions of Schedule 74. The Project Plan shall describe in detail the location of such facilities, any related -property and operating rights required to be obtained, and the relative responsibilities of the parties with respect thereto. (d) The schedule set forth in the Project Plan for completing the Construction Work shall include, at a minimum, milestone time periods for completion of the Trenching, installation of ducts and vaults, the construction and removal of any Temporary Service, and the removal of overhead facilities. (e) The Project Plan may include the specification of work and requirements for Government - Requested Upgrades and Company -Initiated Upgrades; provided, however, that the costs incurred by the Company with respect to the design and engineering of Company -Initiated Upgrades shall not be included in the costs reimbursable to the Company under this Agreement or the Construction Agreement. For purposes of the foregoing, (i) the term "Government - Requested Upgrade" shall mean any feature of the Underground Distribution System which is requested by the Government Entity and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced, and (ii) the term 'Company -Initiated Upgrade' shall mean any feature of the Underground Distribution System which is required by the Company and is not -reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For Design Agreement, Attachment "A" to Schedule 74, Page 3 [insert project name here] purposes of subparagraph (ii), above, a "comparable' system shall include, unless the parties otherwise agree, the number of empty ducts (rot to exceed two (2), typically having a diameter of 6" or less) of such diameter and number as may be specified and agreed upon in the final Scope of Work necessary to replicate the load -carrying capacity (system amperage class) of the overhead system being replaced. For purposes of subparagraph (), above, any empty ducts installed at the request of the Government Entity shalt be a Government -Requested Upgrade. (f) The Project Plan shall set forth all specifications, design standards and other requirements for the Construction Work and the Conversion Project, including, but not limited to, the following: () applicable federal and state safety and electric codes and standards, (ii) applicable construction and other standards. of the Company, and (iii) applicable street design and other standards of the Government Entity which are in effect as of the commencement of the Conversion Project. 12. Upon request of the Government Entity, and in any event at the times specified in the Design Schedule, the Company shall provide periodic reports which compare the actual costs of the Design Work incurred to that point in time to the Design Cost Estimate, as changed or amended in accordance with paragraph 13, below. Further, if at any time the Company reasonably expects that the actual cost of the Design Work will exceed the Design Cost Estimate, as changed or amended in accordance with paragraph 13, below, the Company shall notify the Government Entity immediately. Upon receipt of the Company's notice, the Government Entity may, at its option, (a) notify the Company in writing that this Agreement is terminated; or (b) request a reasonably detailed explanation supported by documentation (reasonably satisfactory to the Government Entity) to establish that the actual costs in excess of the Design Cost Estimate are: (i) reasonable, (ii) consistent with the Scope of Work, and (iii) consistent with sound engineering practices. If the Government Entity requests an explanation, the Government Entity shall, within ten (10) business days after receipt of the explanation, (a) change the Scope of Work in accordance with paragraph 13, below, or (b) direct the Company to continue with the Design Work without a change in the Scope of Work, but reserving to the Government Entity the right to dispute the reasonableness of the costs to be paid the Company under paragraph 14, below, in accordance with the dispute resolution procedures in paragraph 16, below, or (c) direct the Company to discontinue performing the Design Work pending resolution, pursuant to paragraph 16, below, of any dispute regarding the reasonableness of the costs, in which event the Design Schedule will be adjusted to reflect the delay, or (d) notify the Company in writing that this Agreement is terminated. In the event the Government Entity terminates this Agreement or discontinues the performance of the Design Work under subparagraph (c), above, for more than ninety (90) days, the Government Entity shall pay the Company for all costs incurred by the Company in its performance of the Design Work prior to the date the Company receives the Government Entity's notice of termination, plus any costs incurred by the Company for materials and other items ordered or procured by the Company with the prior authorization of the Government Entity in order to meet the schedule for the Conversion Project. The foregoing payment obligation shall survive any termination of this Agreement. Design Agreement, Attachment "A" to Schedule 74, Page 4 [insert project name here] 13. (a) Either party may, at any time, by written notice thereof to the other party, request changes to the Scope of Work (a "Request for Change"). No Request for Change shall be effective and binding upon the parties unless signed by an authorized representative of each party. If any approved Request for Change would cause an increase in the cost of, or the time required for, the performance of any part of the Design Work, an equitable adjustment in the Design Cost Estimate and the Design Schedule shall be made to reflect such increase. The parties shall negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If the parties are unable to agree upon the terms of the equitable adjustment, either party may submit the matter for resolution pursuant to the dispute resolution procedures in paragraph 16, below. Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable equitable adjustment, each party shall, if requested by the other party, proceed with the Design Work in accordance with the Request for Change. Any such request to proceed must be accompanied by a written statement setting forth the requesting party's reasons for rejecting the proposed equitable adjustment of the other party. (b) The Design Cost Estimate and/or the Design Schedule shall be equitably adjusted from time to time to reflect any change in the costs or time required to perform the Design Work to the extent such change is caused by: (i) any Force Majeure Event under paragraph 17, below, (ii) the discovery of any condition within the Conversion Area which affects the scope, cost, schedule or other aspect of the Design Work and was not known by or disclosed to the affected party prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding the scope, cost, schedule or other aspect of the Design Work which are expressly identified by the parties in the final Scope of Work. Upon the request of either party, the parties will negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time thereafter, the parties are unable to agree upon the terms of the equitable adjustment, either party may submit the matter for resolution pursuant to the dispute resolution provisions in paragraph 16, below. 14. Upon completion of the Design Work (i.e., the date on which the Project Plan is final under paragraph 10, above, either by mutual agreement of the parties or as established through the dispute resolution procedures), the Government Entity shall pay the Company all actual, reasonable costs to the Company for the Design Work (which, if disputed in good faith by the Government Entity, may be submitted by either party for resolution pursuant to the dispute resolution provisions in paragraph 16, below), plus any costs incurred by the Company for materials and other items ordered by the Company with the prior authorization of the Government Entity in order to meet the schedule for the Conversion Project. If, thereafter, the Construction Agreement is executed by the parties and the Conversion Project is completed within five (5) years from the date of this Agreement, the full amount of the costs incurred by the Company in its performance of the Design Work shall be included in the "Shared Company Costs" under the Construction Agreement and any payment of such amounts under this Agreement shall be credited to the Government Entity in calculating the "Net Amount" payable under the Construction Agreement. 15. Within sixty (60) business days after completion of the Design Work, the Company shall issue to the Government Entity an Itemized invoice for the amounts payable under this Agreement. Such invoice shall be in a form mutually agreed upon by the Company and the Govemment Entity and shall, at a minimum, itemize the design and engineering costs, including and listing separately inspection, labor, materials and equipment. In the event the Government Entity does not verify such invoice within ten (10) business days of receipt, the Government Entity shall provide a written request to the Company specifying the additional information needed to verify the invoice. The Company will provide, within a reasonable period after receipt of any request, such documentation and information as the Government Entity may reasonably request to verify such invoice. The Government Entity shall pay the Company all amounts payable under this Agreement within thirty (30) days after receipt of the Company's invoice. Payment as provided in this Agreement shall be full compensation for the Company's performance of the Design Work, including without limitation all services rendered and all materials, supplies, equipment, and incidentals necessary to complete the Design Work. Design Agreement, Attachment "A" to Schedule 74, Page 5 [insert project name here] 16. Dispute Resolution Procedures: (a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be presented to and considered by the parties. A party who wishes dispute resolution shall notify the other party in writing as to the nature of the dispute. Each party shall appoint a representative who shall be responsible for representing the party's interests. The representatives shalt exercise good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business days of the date the disagreement was first raised by written notice shall be referred by the parties' representatives in writing to the senior management of the parties for resolution. In the event the senior management are unable to resolve the dispute within twenty (20) business days (or such other period as the parties may agree upon), each party may pursue resolution of the dispute through other legal means consistent with the terms of this Agreement. All negotiations pursuant to these procedures for the resolution of disputes shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the state and federal rules of evidence. (b) Any claim or dispute arising hereunder which relates to the Scope of Work, Design Cost Estimate, and Design Schedule under paragraph 4, above; the Project Plan under paragraph 10, above; or any Request for Change (including, without limitation, any associated equitable adjustment) under paragraph 13, above; and is not resolved by senior management within the time permitted under paragraph 16(a), above, shall be resolved by arbitration in Seattle, Washington, under the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other disputes shall be resolved by litigation in any court or governmental agency, as applicable, having jurisdiction over the Parties and the dispute. (c) In connection with any arbitration under this paragraph 16, costs of the arbitrator(s), hearing rooms and other common costs shall be divided equally among the parties. Each party shall bear the cost and expense of preparing and presenting its own case (including, but not limited to, its own attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or her decision, reimbursement of all or a portion of the prevailing partys costs and expenses by the other party. (d) Unless otherwise agreed by the parties in writing, the parties shall continue to perform their respective obligations under this Agreement during the pendency of any dispute. 17. In the event that either party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a "Force Majeure Evento), then that party's performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war, civil disturbance; flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a party or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency, sabotage; strikes or similar labor disputes involving personnel of a party, its contractors or a third party, or any failure or delay in the performance by the other party, or a third party who is not an employee, agent or contractor of the party claiming a Force Majeure Event, in connection with the Work or this Agreement. Upon removal or termination of the Force Majeure Event, the party claiming a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The parties shall use all commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event. 18. This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the Company's electric Tariff G and to Schedule 74 of such Tariff as approved by the Washington Utilities and Transportation Commission and in effect as of the date of this Agreement. Design Agreement, Attachment "A" to Schedule 74, Page 6 [insert project name here] 19. Any notice under this Agreement shall be in writing and shall be faxed (with a copy followed by mail or hand delivery), delivered in person, or mailed, properly addressed and stamped with the required Postage. to the intended recipient as follows: If to the Government Entrh+: Attn: Fax: If to the Comnany: Puget Sound Energy, Inc. Attn: Fax: Either party may change its address specified in change in accordance with this paragraph. this paragraph by giving the other party notice of such 20. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the laws of the State of Washington (without reference to rules governing conflict of laws), except to the extent such laws may be preempted by the laws of the United States of America. 21. This Agreement constitutes the entire agreement of the parties with respect to the subject matter it or oral, hereof and all other agreements and understandings of the Parties, whether wrwith respect to the subject matter of this Agreement are hereby superseded in their entireties. 22. This Agreement shall be binding upon and inure to the benefit of the respective successors, assigns, purchasers, and transferees of the parties, including but not limited to, any entity to which the rights or obligations of a party are assigned, delegated, or transferred in any corporate reorganization, change of organization, or purchase or transfer of assets by or to another corporation, partnership, association, or other business organization or division thereof. Government Entity: BY ITS Date Signed Approved as to form: Company: PUGET SOUND ENERGY, INC. M - ITS Date Signed Design Agreement, Attachment W to Schedule 74, Page 7 [insert project name here] SCHEDULE 74 UNDERGROUND CONVERSION Project Construction Agreement Project Name: Project Number: _ THIS Agreement, dated as of this day of , 200_, is made by and between , a (the "Government Entity"), and PUGET SOUND ENERGY, Inc., a Washington Corporation (the "Company"). RECITALS A. The Company is a public service company engaged in the sale and distribution of electric energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its electric distribution facilities within the jurisdictional boundaries of the Government Entity. B. The Government Entity has determined that it is necessary to replace the existing overhead electric distribution system within the area specified in the Project Plan (as defined below) (the "Conversion Area") with a comparable underground electric distribution system, all as more specifically described in the Project Plan (the "Conversion Project"). C. The Government Entity and the Company have previously entered into a Project Design Agreement dated as of (the "Design Agreement"), pursuant to which the parties completed certain engineering design, cost assessment, operating rights planning and other preliminary work relating. to the Conversion Project and, in connection with that effort, developed the Project Plan. D. The Government Entity and the Company wish to execute this written contract in accordance with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the completion of the Conversion Project, which both parties intend shall qualify as an underground conversion under the terms of Schedule 74. AGREEMENT The Government Entity and the Company therefore agree as follows: 1. Definitions. (a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same meanings when used in this Agreement, including, without limitation, the following: i) Cost of Conversion; Public Thoroughfare; Temporary Service; iv) Trenching and Restoration; v) Underground Distribution System; and vi) Underground Service Lines. (b) "Company -Initiated Upgrade" shall mean any feature of the Underground Distribution System which is required by the Company and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, a 'comparable" system shall include, unless the Parties otherwise agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less) Construction Agreement, Attachment "B" to Schedule 74, Page 1 [insert project name here] of such diameter and number as may be specified and agreed upon in the Project Pian necessary to replicate the load -carrying capacity (system amperage class) of the overhead system being replaced. (c) "Estimated Reimbursable Private Conversion Costs" shall mean the Company's good faith estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (d) "Estimated Reimbursable Temporary Service Costs" shall mean the Company's good faith estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (e) "Estimated Reimbursable Upgrade Costs" shall mean the Company's good faith estimate of the Reimbursable Upgrade Costs; as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (f) "Estimated Shared Company Costs" shall mean the Company's good faith estimate of the Shared Company Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (g) "Estimated Shared Government Costs" shall mean the Government Entity's good faith estimate of the Shared Government Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (h) "Government -Requested Upgrade" shall mean any feature of the Underground Distribution System which is requested by the Government Entity and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, any empty ducts installed at the request of the Government Entity shall be a Government -Requested Upgrade. (i) "Party" shall mean either the Company, the Government Entity, or both. (j) "Private Property Conversion" shall mean that portion, if any, of the Conversion Project for which, the existing overhead electric distribution system is located, as of the date determined in accordance with Schedule 74, (i) outside of the Public Thoroughfare, or (ii) pursuant to rights not derived from a franchise previously granted by the Government Entity or pursuant to rights not otherwise previously granted by the Government Entity. (k) "Project Plan" shall mean the project plan developed by the Parties under the Design Agreement and attached hereto as Exhibit A, as the same may be changed and amended from time to time in accordance with Section 6, below. The Project Plan includes, among other things, @ a detailed description of the Work that is required to be performed by each Party and any third party, (ii) the applicable requirements and specifications for the Work, (iii) a description of the Operating Rights that are required to be obtained by each Party for the Conversion Project (and the requirements and specifications with respect thereto), (iv) an itemization and summary of the Estimated Shared Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private Conversion Costs -(if any), Estimated Reimbursable Temporary Service Costs (if any) and Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule. (1) "Operating Rights" shall mean sufficient space and legal rights for the construction, operation, repair, and maintenance of the Underground Distribution System. (m) "Reimbursable Private Conversion Costs" shall mean (i) all Costs of Conversion, if any, incurred by the Company which are attributable to a Private Property Conversion, less (ii) the distribution pole replacement costs (if any) that would be avoided by the Company on account of such Private Property Conversion, as determined consistent with the applicable Company distribution facilities Construction Agreement, Attachment "B" to Schedule 74, Page 2 [insert project name here] replacement program, plus (iii) just compensation as provided by law for the Company's interests in real property on which such existing overhead distribution system was located prior to conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable to the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated Reimbursable Private Conversion Costs without the prior written authorization of the Government Entity. (n) "Reimbursable Temporary Service Costs" shall mean all costs incurred by the Company which are attributable to (i) any facilities installed as part of the Conversion Project to provide Temporary Service, as provided for in Schedule 74, and (ii) the removal of any facilities installed to provide Temporary Service (less salvage value of removed equipment); provided that the Reimbursable Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs without the prior written authorization of the Government Entity. (o) "Reimbursable Upgrade Costs" shall mean all Costs of Conversion incurred by the Company which are attributable to any Government -Requested Upgrade; provided that the Reimbursable Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior written authorization of the Government Entity. (p) "Shared Company Costs" shall mean all Costs of Conversion (other than Reimbursable Upgrade Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs) incurred by the Company in connection with the Conversion Project; provided, however, that the Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior written authorization of the Government Entity. For the avoidance of doubt, the 'Shared Company Costs" shall, as and to the extent specified in the Design Agreement, include the actual, reasonable costs to the Company for the "Design Work" performed by the Company under the Design Agreement. (q) . "Shared Government Costs" shall mean all Costs of Conversion incurred by the Government Entity in connection with (i) any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity as part of the Government Work, and (ii) the acquisition of any Operating Rights which the Parties have, by mutual agreement, specified in the Project Plan are to be obtained by the Government Entity for the Conversion Project, but only to the extent attributable to that portion of such Operating Rights which is ' necessary to accommodate the facilities of the Company; provided, however, that the Shared Government Costs shall not exceed the Estimated Shared Government Costs without the prior written authorization of the Company. (r) 'Total Shared Costs" shall mean the sum of the Shared Company Costs and the Shared Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include, without limitation, (i) costs to the Government Entity for Trenching and Restoration, or (ii) costs associated with any joint use of trenches by other utilities as permitted under Section 3(b). (s) "Work" shall mean all work to be performed in connection with the Conversion Project, as more specifically described in the Project Plan, including, without limitation,'the-Company Work (as defined in Section 2(a), below) and the Government Work (as defined in Section 3(a), below). (t) "Work Schedule" shall mean the schedule specified in the Project Plan which sets forth the milestones for completing the Work, as the same may be changed and amended from time to time in accordance with Section 6, below. 2. Obligations of the Company. (a) Subject to the terms and conditions of this Agreement, the Company shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the "Company Work"): . Construction Agreement, Attachment "B" to Schedule 74, Page 3 [insert project name here] i) furnish and install an Underground Distribution System within the Conversion Area (excluding any duct and vault installation or other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity); ii) provide a Company inspector on-site at the times specified in the Work Schedule to inspect the pei#ormance of any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity; and iii) upon connection of those persons or entities to be served by the Underground Distribution System and removal of facilities of any other utilities that are connected to the poles of the overhead system, remove the existing overhead system (including associated wires and Company-owned poles) of 15,000 volts or less within the Conversion Area except for Temporary Services. (b) Upon request of the Government Entity, the Company shall provide periodic reports of the progress of the Company Work identifying (i) the Company Work completed to date, (ii) the Company Work yet to be completed, and (iii) an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Company Costs, the Estimated Reimbursable Private Conversion Costs (f any), the Estimated Reimbursable Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and the Work Schedule. (c) Except as otherwise provided in the Company's Electric Tariff G. the Company shall own, operate and maintain all electrical facilities installed pursuant to this Agreement including, but not limited to, the Underground Distribution System and Underground Service Lines. (d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company Work in accordance with the Project Plan, the Work Schedule and this Agreement. 3. Obligations of the Government Entity. (a) _Subject to the terms and conditions of this Agreement, the Government Entity shall do the following as specified in, and in accgrdance with the design and construction specifications and other requirements set forth in, the Project Plan (the "Government Work"p Q provide the Trenching and Restoration; ii) perform the surveying for alignment and grades for ducts and vaults; and iii) perform any duct and vault installation and other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity. (b) Other utilities may be permitted by the Government Entity to use the trenches provided by the Government Entity for the installation of their facilities so long as such facilities or the installation thereof do not interfere (as determined pursuant to the Company's electrical standards) with the Underground Distribution System or the installation or maintenance thereof. Any such use of the trenches by other utilities shall be done subject to and in accordance with the joint trench design specifications and installation drawings set forth or otherwise identified in the Project Plan, and the Government Entity shall be responsible for the coordination of the design and installation of the facilities of the other.utilities to ensure compliance with such specifications and drawings. (c) Upon request of the Company, the Government Entity shall provide periodic reports of the progress of the Government Work identifying (i) the Government Work completed to date, (ii) the Government Work yet to be completed, and (iii) an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Government Costs and the Work Schedule. (d) The Government Entity shall be responsible for coordinating all work to be performed in connection with the street improvement program within the Conversion Area. Construction Agreement, Attachment "8" to Schedule 74, Page 4 [insert project name here] (e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all Government Work in accordance with the Project Plan, the Work Schedule and this Agreement. 4. Work Schedule. (a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in the Project Plan. Changes to the Work Schedule shall be made only in accordance with Section 6, below. (b) Promptly following the execution of this Agreement, and upon completion by the Government Entity of any necessary preliminary work, the Government Entity shall hold a pre -construction meeting involving all participants in the Conversion Project to review project design, coordination requirements, work sequencing and related pre -mobilization requirements. Following the pre - construction meeting, the Government Entity shall give the Company written notice to proceed with the Work at least ten (10) business days prior to the commencement date specified in the Work Schedule. (c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work assigned to it under this Agreement in accordance with the Work Schedule. So long as the Company performs the Company Work in accordance with the Work Schedule, the Company shall not be liable to the Government Entity (or its agents, servants, employees, contractors, subcontractors, or representatives) for any claims, actions, damages, or liability asserted or arising out of delays in the Work Schedule. 5. Location of Facilities. All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable provisions of Schedule 74, as specified by the Parties in the Project Plan. 6. Changes. (a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the Work within the general scope of this Agreement (a "Request for Change"), including, but not limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in the specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work Schedule, and (iv) changes in the location, alignment, dimensions or design of items included in the Work. No Request for Change shall be effective and binding upon the Parties unless signed by an authorized representative of each Party. (b) If any change included in an approved Request for Change would cause a change in the cost of, or the time required for, the performance of any part of the Work, an equitable adjustment shall be made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and/or the Work Schedule to reflect such change.' The Parties shall negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. (c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further equitably adjusted from time to time to reflect any change in the costs or time required to perform the Work to the -extent such change is caused by: (i) any Force Majeure Event under Section 11, below, (i) the discovery of any condition within the Conversion Area which affects the scope, cost, Construction Agreement, Attachment "B" to Schedule 74, Page 5 [insert project name here] 1. schedule or other aspect of the Work and was not known by or disclosed to the affected Party prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parties in the Project Plan. Upon the request of either Party, the Parties will negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time thereafter, the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. (d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in accordance with any approved Request for Change. Any request to proceed hereunder must be accompanied by a written statement setting forth the requesting Party's reasons for rejecting the proposed equitable adjustment of the other Party. 7. Compensation and Payment. (a) Subject to and in accordance with the terms and conditions of this Agreement (including, without limitation, the payment procedures set forth in this Section 7), payment in connection with the Conversion Project and this Agreement shalt be as follows: Q The Total Shared Costs shall be allocated to the Parties in the following percentages: (A) sixty percent (60%) to the Company, and (B) forty percent (40%) to the Govemment Entity. ii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Private Conversion Costs, if any. iii) The Government Entity shall pay one hundred percent (1009%) of all Reimbursable Upgrade Costs, if any. iv) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Temporary Service Costs, if any. v) The Government Entity shall pay one hundred percent (100%) of the costs it incurs to perform that portion of the Government Work specified in Section 3(a)(i) and (ii) (i.e., Trenching and Restoration and surveying). vi) The Company shall pay one hundred percent (100°/x) of the costs it incurs to design, provide and construct any Company -Initiated Upgrade. vii) The Company shall pay one hundred percent (100%) of the costs it incurs to obtain Operating Rights outside the Public Thoroughfare. (b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall determine the net amount payable by the Government Entity or the Company, as applicable, to the other Party under this Agreement (the "Net Amount"). The Net Amount -shall be determined by using the amount of the Total Shared Costs allocated to the Government Entity under Section 7(a)(i), and adjusting such amount as follows: Q Subtracting (as a credit to the Government Entity) the amount of the Shared Government Costs. ii) Adding (as a credit to the Company) the amount of all Reimbursable Private Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary Service Costs. iii) Subtracting (as a credit to the Government Entity) any payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement. The Net Amount, as so calculated, (A) will be an amount payable to the Company if it is a positive number, and (B) shall be an amount payable to the Government Entity if it is a negative number. Construction Agreement, Attachment "B" to Schedule 74, Page 6 [insert project name here] (c) Within sixty (60) business days of completion of the Conversion Project, the Government Entity shall provide the Company with an itemization of the Shared Government Costs (the "Government Itemization"), together with such documentation and information as the Company may reasonably request to verify the Government Itemization. The Government Itemization shall, at a minimum, break down the Shared Government Costs by the following categories, as applicable: (i) property and related costs incurred and/or paid by the Government Entity, including any costs of obtaining Operating Rights, and (ii) construction costs incurred and/or paid by the Government Entity, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Government Entity. (d) Within thirty (30) business days after the Companys receipt of the Government Itemization and requested documentation and information, the Company shall provide the Government Entity a written statement (the "Company Statement") showing (i) an itemization of the Shared Company Costs, (ii) the Parties' relative share of the Total Shared Costs based on the Company's itemization of the Shared Company Costs and the Government Entitys itemization of the Shared Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary Service Costs, (vi) any credits to the Government Entity for payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement, and (vii) the Net Amount, as determined in accordance with Section 7(b), above, together with such documentation and information as the Government Entity may reasonably request to verify the Company Statement. The itemization of the Shared Company Costs included in the Company Statement shall, at a minimum, break down the Shared Company Costs by the following categories, as applicable: (i) design and engineering costs, and (ii) construction costs, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Company. (e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement and requested documentation and information, the Net Amount shall be paid by the owing Party to the other Party, as specified in the Company Statement. 8. Indemnification. (a) The Government Entity releases and shall defend, indemnify and hold the Company harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act oromission or willful misconduct of the Government Entity in its performance under this Agreement. During the performance of such activities the Government Entity's employees or contractors shall at all times remain employees or contractors, respectively, of the Government Entity. (b) The Company releases and shall defend, indemnify and hold the Government Entity harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attomeys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Company in its performance under this Agreement. During the performance of such activities the Companys employees or contractors shall at all times remain employees or contractors, respectively, of the Company. (c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8, each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless provided for in this Section 8 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. Construction Agreement, Attachment "B" to Schedule 74, Page 7 [insert project name here) 9. Conversion of Service to Customers within Conversion Area. (a) Upon commencement of the Work, the Government Entity shall notify all persons and entities within the Conversion Area that service lines to such customers must be converted from ovarhead to underground service within the applicable statutory period following written notice from the Government Entity that service from underground facilities are available in accordance with RCW 35.96.050. Upon the request of any customer, other than a single family residential customer, within the Conversion Area, the Company shall remove the overhead system and connect such persons' and entities' Underground Service Lines to the Underground Distribution System. (b) The Parties acknowledge that single family residences within the Conversion Area must (i). provide a service trench and conduit, in accordance with the Company's specifications, from the underground meter base to the point of service provided during the conversion, and (ii) pay for the secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The Government Entity shall exercise its authority to order disconnection and removal of overhead facilities with respect to owners failing to convert service lines from overhead to underground within the timelines provided in RCW 35.96.050. 10. Dispute Resolution. (a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the other Party in writing as to the nature of the dispute. Each Party shall appoint a representative who shall be responsible for representing the Party's interests. The representatives shall exercise good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business days of the date the disagreement was first raised by written notice shall be referred by the Parties' representatives in writing to the senior manageme. it of the Parties for resolution. In the event the senior management are unable to resolve the dispute within twenty (20) business days (or such other period as the Parties may agree upon), each Party may pursue resolution of the dispute through other legal means consistent with the terms of this Agreement. All negotiations pursuant to these procedures for the resolution of disputes shall be confidential and shall be treated as. compromise and settlement negotiations for purposes of the state and federal rules of evidence. (b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable adjustment under Section 6, above, or the compensation payable by or to either Party under Section 7, above, and which is not resolved by senior management within the time permitted under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other disputes shall be resolved by litigation in any court or governmental agency, as applicable, having jurisdiction over the Parties and the dispute. (c) In connection with.any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms and other common costs shall be divided equally among the Parties. Each Party shall bear the cost and expense of preparing and presenting its own case (including, but not limited to, its own attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or her decision, reimbursement of all or a portion of the prevailing Partys costs and expenses (including, but not limited to, reasonable attorneys' fees) by the other Party. (d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their respective obligations under this Agreement during the pendency of. any dispute. Construction Agreement, Attachment "B" to Schedule 74, Page 8 [insert project name here) 11. Uncontrollable Forces. In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable rOntrol (a "Force Majeure Event"), then that Party's performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war, civil disturbance; flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency, sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event. 12. Insurance. (a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the duration of the Conversion Project (or, ii sooner, until termination of this Agreement) comprehensive general liability insurances, with a minimum coverage of $ per occurrence and $ aggregate for personal injury; and $ per occurrence/ aggregate for property damages, and professional liability insurance in the amount of $ (b) The Government Entity shall ensure that each of its contractors performing any Government Work secures and maintains in force throughout the duration of the Conversion Project (or, if sooner, until termination of this Agreement) insurance policies having the same coverage, amounts and limits as specified Section 12(a), above. (c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self - insure against such risks in such amounts as are consistent with good utility practice. Upon the Government Entity's request, the Company shall provide the Government Entity with reasonable written evidence that the Company is maintaining such self-insurance. 13. Other. (a) Agreement Subiect To Tariff. This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff as approved by the Washington Utilities and Transportation Commission and in effect as of the date of this Agreement. (b) Termination. The Government Entity reserves the right to terminate the Conversion Project and this Agreement upon written notice to the Company. In the event that the Government Entity terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the Company for all costs reasonably incurred by the Company in connection with the Work performed prior to the effective date of termination. In such event, the costs reimbursable to the Company (i) shall not be reduced by any Shared Government Costs or other costs incurred by the Government Entity, and (ii) shall be paid within thirty (30) days after the receipt of the Company's invoice therefor. Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination of the Conversion Project and/or this Agreement. (c) Facilities Greater Than 15,000 Volts. Nothing in this Agreement shall in any way affect the rights or obligations of the Company under any previous agreements pertaining to the existing or future facilities of greater than 15,000 Volts within the Conversion Area. Construction Agreement, Attachment "B" to Schedule 74, Page 9 [insert project name here] (d) Compliance With, Law. The Parties shall, in performing the Work under this Agreement, comply with all applicable federal, state, and local laws, ordinances, and regulations. (e) No Discrimination. The Company, with regard to the Work performed by the Company under this Agreement, shall comply with all applicable laws relating to discrimination on the basis race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. (f) Independent Contractor. The Company and the Government Entity agree that the Company is an independent contractor with respect to the Work and this Agreement. The Company is acting to preserve and protect its facilities and is not acting for the Government Entity in performing the- . Work. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties. Neither the Company nor any employee of the Company shall be entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this Agreement. The Government Entity shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Company, or any employee of the Company. (g) Nonwaiver of Rights or Remedies. No failure or delay of either Paiiy to insist upon or enforce strict performance by the other Party of any provision of this Agreement or to exercise any other right under this Agreement, and no course of dealing or performance with respect thereto, shall, except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or relinquishment of any right under any provision of this Agreement or any right at law or equity not otherwise provided for herein. The express waiver by either Party of any right or remedy under this Agreement or at law or equity in a particular instance or circumstance shall not constitute a waiver thereof in any other instance or circumstance. (h) No Third Party Beneficiaries. There are no third -party beneficiaries of this Agreement. Nothing contained in this Agreement is intended to confer any right or interest on anyone other than the Parties, their respective successors, assigns and legal representatives. (i) Governmental Authority. This Agreement is subject to the rules, regulations, orders and other requirements, now or hereafter in effect, of all governmental regulatory authorities and courts } having jurisdiction over this Agreement, the Parties or either of them. All laws, ordinances, rules, regulations, orders and other requirements, now or hereafter in effect, of governmental regulatory authorities and courts that are required to be incorporated into agreements of this character are by this reference incorporated in this Agreement. G) No Partnership. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the Parties or to impose any partnership obligations or liability upon either Party. Further, neither Party shall have any right, power or authority to enter into any agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to otherwise bind the other Party. (k) Severability. In the event that any provision of this Agreement or the application of any such provision shall be held invalid as to either Party or any circumstance by any court having jurisdiction, such provision shall remain in force and effect to the maximum extent provided by law, and all other provisions of this Agreement and their application shall not be affected thereby but shall remain in force -and effect unless a court or arbitrator holds they are not severable from the invalid provisions. Construction Agreement, Attachment "B" to Schedule 74, Page 10 [insert project name here] (1) Notice. Any notice under this Agreement shall be in writing and shall be faxed (with a copy followed by mail or hand delivery), delivered in person, or mailed, properly addressed and stamped with the required postage, to the intended recipient as follows: If to the Government Entity: if to the Company: Attn: Fax: Puget Sound Energy, Inc. Attn: Fax: Any Party may change its address specified In this Section 13(I) by giving the other Party notice of such change in accordance with this Section 13(I). (m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the laws of the State of Washington (without reference to rules governing conflict of laws), except to the extent such laws may be preempted by the taws of the United States of America. (n) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and all other agreements and understandings of the Parties, whether written or oral, with respect to the subject matter of this Agreement are hereby superseded in their entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein is intended to or shall alter, amend or supersede the Design Agreement and the same shall remain in full force and effect in accordance with its terms. (o) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the respective successors, assigns, purchasers, and transferees of the Parties, including but not limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or transferred in any corporate reorganization, change of organization, or purchase or transfer of assets by or to another corporation, partnership, association, or other business organization or division thereof. Government Entity: M ITS Date Signed Approved as to form: Company. PUGET SOUND ENERGY, INC. M ITS Date Signed Construction Agreement, Attachment "B" to Schedule 74, Page 11 [insert project name here] COUNCIL MEETING DATE: April 15, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: METRO SERVICE PARTNERSHIPS POLICY QUESTION: Should the City execute agreements for service partnerships to King County to provide for improved transit service? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 7, 2008 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez P.E. Ci Traffic Engineer DEPT: Public Works _.___._.........._-----..........-----._...._........_�—._._.._.�'_.......-.........._........__.__ li Attachments: Land Use and Transportation Committee Memorandum dated April 7, 2008. Options Considered: 1. Execute an agreement for the Financial Partnership on Route 187 for five (5) years to: a. Extend 30 -minute service on weekdays during the midday only on Route 187, at an estimated annual cost to the City of $72,688.74. b. On Route 187 only on Saturdays and Sundays, increase frequency to 30 minutes until 7:00 p.m., and extend hours of operation to 11:00 p.m. with a 60 -minute frequency, at an estimated annual cost to the City of $36,499.00 for Saturdays, and $42,634.93 for Sundays. 2. Execute the agreement for Route 187 contingent on the County Council agreeing to the City's proposal for the Transit Speed and Reliability Partnership using HOV lanes and Transit Signal Priority. 3. Do not execute the Financial Partnership proposal, but allow for the execution of the Transit Speed and Reliability Partnership proposal in the event that King County funds our proposal from the contingency list. 4. Do not execute�eements for either partnership proposal. STAFF RECOMMENDATION: Staff Option 3. CITY MANAGER APPROVAL: — GDIRECTOR APPROVAL: 4*t Council ttee Committee Council COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the April 15, 2008 City Council Consent Agenda. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move to not execute the Financial Partnership proposal, but allow for the execution of the Transit Speed and Reliability Partnership in the event that King County funds the City's proposal from the contingency list. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 7", 2008 TO: Land Use and Transportation Committee VIA: Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manager e4 FROM: Rick Perez, P.E., City Traffic Engineer ,� SUBJECT: Metro Service Partnerships BACKGROUND: On September 180x, 2007, the City Council authorized staff to submit proposals to King County for service partnerships to improve transit service in Federal Way. These consisted of three financial partnerships for improved service on Route 187 and a transit speed and reliability partnership to improve travel time on the RapidRide corridor on SR 99. King County Council has adopted the list of proposals to be approved. The City's Route 187 proposal is approved and the RapidRide proposal is recommended for a "contingency" status. The proposals are described in greater detail below: A. Route 187 Route 187 currently provides: • 30 minute service from 5:00 a.m. to 7:30 a.m. on weekdays, 0 30 minute service from 3:30 p.m. to 7:30 p.m. on weekdays, • 60 minute service between those peaks on weekdays, • 60 minute service on Saturdays from 7:00 a.m. to 8:00 p.m., • 60 minute service on Sundays from 8:00 a.m. to 7:00 p.m. The submitted proposal would: 1. Extend 30 -minute service on weekdays during the midday, at an estimated annual cost to the City of $73,000. 2. Extend hours of operation only on Saturdays and Sundays from 5:00 a.m. to 11:00 p.m., and increase service to 30 minutes until 7:00 p.m. Estimated annual cost to the City is $37,000 for Saturdays and $47,000 for Sundays. Thus the total cost of the proposal to the City is estimated at $157,000 per year for at least 5 years. Current ridership averages 540 per day. Metro staff estimates an increase of 226 riders per day during weekdays, 440 riders on Saturdays, and 367 riders on Sundays, for a net annual increase of 109,580 riders per year, the highest of any proposal outside of Seattle. All of the Financial Partnership proposals deemed to meet the eligibility requirements were approved. The resultant subarea allocations are 48.6% to the West, 29.3% to the East, and 22.1% to the South, demonstrating the County's economic imbalance and compounding existing subarea service inequities. April 7, 2008 Land Use and Transportation Committee Metro Service Partnerships Page 2 B. Transit Speed and Reliability This proposal entails using improvements to reduce travel times on the RapidRide route being developed for the SR 99 corridor between Federal Way Transit Center and SeaTac. If a 10% travel time reduction can be demonstrated for the entire corridor, the City would receive 5,000 annual service hours, equivalent to roughly $167,000 of financial partnership funds. This could be achieved by the improvements in providing HOV lanes on the corridor between S 272nd Street and S 3120' Street, and transit signal priority treatments, which may be implemented by King County anyway. However, we would not be able to show this improvement until Phase IV of SR 99 is completed in 2011. In order to show the required 10% travel time reduction, this proposal was a team effort with the cities of Kent, Des Moines, and SeaTac. Agreement had not been reached about how the service hours would be divided between the cities, however. Financial partnerships take precedence in prioritization of service hours. As a consequence, only two Transit Speed and Reliability partnerships are approved - one in the West subarea, and half of one in the East subarea. However, if other partnerships are not executed, our proposal is second in line for selection on the contingency list. The County Council chose to not use the 30,000 service hour contingency to award additional proposals. Summary The financial partnerships require that the City commit to a minimum of five years of paying for one-third the cost of providing the service. The estimates provided are based on the City's one-third share of the cost. It was hoped that the service hours from the Transit Speed and Reliability Partnerships may be used to offset the expense of the Financial Partnership. Metro staff has since clarified that this cannot be done. cc: Project File Day File